Contracts of Sale of Land Act of 1933 (24 Geo v No. 26) (Qld)

LAND, CONTRACTS OF SALE OF. 24 GEO. V. No. 26, 1933. Contracts of Sale of Land Act. ------- - - - 14647 LAND, CONTRACTS OF SALE OF. An Act to Make Better Provision regarding Contracts for the Sale of Land, and for other purposes. [ASSENTED TO 14TH DECEMBER, 1933.J 24 GEO. V. No. 26. THE CONTRACTS OF SALE OF LAND ACT OF 1938', B E it enacted by the King's Most Excellent Majesty) - by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I.-PRELIMINARY. PART 1.- PRELIMINARY. 1. This Actrnay be cited as "The Contracts of Sale Short title Of I:and Act of 19~ m, " and subject as otherwise : a~ ~ Z: ~ nt prOVIded shall come mto operation on a date to be of Act. proclaimed by Proclamation published in the Gazette, which date is herein refeITed to as the commencement of this Act. 2. This Act is divided into Parts, as follows : - PART I.-PRELIMINARY; PART Il.-PROTECTION OF PURCHASERS; PART IIl.-EQUITY OF PURCHASERS; PART IV.-MISCELLANEOUS. Parts of Act. 3. In this Act, unless the context otherwise indicates Definitions. or requires, the following terms have the meanings respectively assigned to them, that is to say :- "Contract of sale of land "-An agreement for Contract of thesale and purchase of land where the terms sale of land. of the sale provide that the payment by the purchaser for the land shall be extended over a period of time : the term also includes any such sale of land where the instrument of sale is not a registrable instrument under *" The Real Property Acts, 1861 to 1887 " ; "Court "-The Magistrates. Court constituted COUl't. pursuant to t" The .Lt! agistrates Courts Act of 1921" constituted by a police magistrate sitting alone, and held nearest to the residence or the purchaser or as may be prescribed. ---------- -- - - - - - - - - - - - - - - * 25 Vic. No. 14 and amending Acts, supra, pages 2984 et seq, t 12 Geo. V, No. 22, supra, page 9713.

14648 PART 1.- PRELIMINARY. I.IlIlurance Com- missioner. Land. Local Authority. LAND, CONTRACTS OF SALE OF. Contmcts of Sale of LandAct. 24 GElO. V. No. 26, The Magistrates Court, constituted by a police magistrate sitting alone, shall have exclusive jurisdiction where the consideration expressed in the contract of sale in respect of the land in question does not exceed two hundred pounds: Provided, that where such consideration exceeds two hundred pounds but does not exceed one thousand two hundred and fifty pounds, either the Supreme Court or Magistrates Court, constituted as aforesaid, shall have jurisdiction: Provided, however, that where the consideration expressed in the contract of sale of land shall exceed the sum of one thousand two hundred and fifty pounds the Supreme Court shall be the court having jurisdiction under this Act, and this Act shall be read and construed accordingly; " Insurance Commissioner" - The Insurance Commissioner for the time being appointed under *" The Workers' Compensation Acts, 1916 to 1929," and t" The Insurance Acts, 1916 to 1923" (or any Act amending or in substitution for those Acts) ; " Land "-Land which has been alienated at any time whensoever from the Crown for an estate in fee-simple, or which is lawfully contracted to be so alienated: the term may also be extended from time to time by the Governor in Council, by Order in Council. published in the Gazette, to mean and include land held under perpetual lease or under any tenure whatsoever from the Crown in respect of which no grant of the fee-simple is issuable; " Local Authority "-A Local Authority constituted under t" The Local Authorities Acts, 1902 to 1932" (or any Act amending the same) : the term also includes the Brisbane * 6 Geo. V. No. 35 and amending Acts, supra, pages 9851 et seq. t 7 Geo. V. No. 27 and amending Acts, supra, pages 7497 et seq. t 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq.

1933. LAND, CONTRACTS OF SALE OF. Contracts of Sale: of Land Act. 14649 PART 1.- PRELIMINARY. City Council constituted under *" The City of Brisbane Acts, 1924 to 1930" (or any Act amending the same) ; " Minister "-The Attorney-General or other Minister. Minister of the Crown for the time being charged with the administration of this Act; " Owner "-The owner or registered proprietor Owner. of the land: the term also includes any person 'to whom such owner or registered proprietor has conveyed such land by memorandum of transfer to a purchaser or by an agreement for sale, but where the name of such purchaser has not been entered in the register book as the registered proprietor in fee-simple of the land, and in like manner includes a subpurchase1' or sub- purchasers: the term also, where necessary, includes an agent for such owner as herein defined, and in the case of a perpetual lease or other tenure the lessee or holder thereof; " Person" includes a corporation or joint stock Person. company or registered firm; " Prescribed "-Prescribed by this Act; Prescribed. " Purchaser " -A purchaser of land under contract Purchaser. of sale: the term, where necessary, includes any subpurchaser; "Registrar of Titles" or "Registrar" - The Registrar of aRpepgoisintrtaerd unofderT t" itl T e h s e R fo e r al P th ro e per t t i y m A e cts, b 1 e 8 in 61 g TRi e t g l l ~ s st r o a r t'. to 1887" (or any Act amending the same) : the term, where necessary, includes a deputy registrar; " Regulations "-Regulations made under and Regulations. pursuant to this Act; "Rules of Court"-Rules of Court made under theRule~ of authority of this Act; Court. "This Act "-This Act and all Proclamations, This Act. Orders in Council, Rules of Court, and regulations made thereunder; " Vendor-owner "-An owner who sells land Vendor- under contract of sale and includes an owner owner. or owner-vendor: ------- ------------- ~ 15 Geo. V. No. 32 and amending Acts, supra, pages 11140 et seq. t 25 Vic. No. 14 and amending Acts, supra, pages 2984 et seq.

14650 PART I.- PRELIMINARY. LAND, CONTRACTS OF SALE OF. Contracts of Sa~ e of LandAct. 24 Gm. V. No. 26, PART II.- PROTECTION OF PURCHASERS. The terms "caveat," "memorandum of transfer," "transfer and charge," "bill of mortgage;' and "register book" shall, subject 1.0 this Act, have the meanings respectively assigned to them by *" The Real Property Acts, 1861 to lR87" (or any Act amending the same). PART H.-PROTECTION OF PtrRCHASERS. Owner w:ho 4. Save as is hereinafter provided, every owner staekllesolauntato W h 0 se 11 s to any person any 1 an d on terms o f . sa 1 e so t h at fidelity bond. the payment therefor is extended over a period of time shall take out a fidelity bond with the Insurance Commissioner which shall be in the prescribed form or deposit with the Minister such security as may be prescribed. }:xemptions. 5. Nothing in section four of this Act shall be construed to extend to- (a) A sale of land by the Public Curator. (b) A sale of land where the consideration on sale- (i.) In the case of unimproved land exceeds five hundred pounds; In the case of improved land exceeds one thousand five hundred pounds: Provided, however, that the Governor in Council may, from time to time by Order in Council published in the Gazette. increase such amounts referred to in this paragraph (b) to such amounts as may be prescribed in any such Order in Council. (c) A sale of land by any person or corporation or classes of persons or corporations (herein referred to as a" prescribed authority") which mav from time to time be exempted from the provisions thereof by the Governor in Council by Order in Council published in the Gazette. which exemption may be granted on such terms and subject to such conditions as the Governor in Council may deem necessary and expedient. * 25 Vie. No. 14 and amending Acts, supra, pages 2984 et seq.

LAND, CONTRACTS OF SALE OF. 14651 PART 11.- 1933. Contracts of Bale of Land Act. PROTEOTION OF - - - - - - - - - - - - - - - - - - - - - - - PURCHASERS. (d) A sale of land where the balance of purchase- money is payable upon the production of the documents required to complete the transfer of the land, under the Real Property Acts, to the purchaser. (e) A sale of land for cash where the owner has duly transferred the land by means of a memorandum of trans~ er and the name of the purchaser as registered proprietor has been duly recorded in the register book. (I) A sale of land where the owner has sold and conveyed the land by means of a transfer and .charge duly registered in the register book. (g) A sale of land where the owner has sold and conveyed the land by means of a memorandum of transfer in favour of the purchaser, and duly recorded in the register book, and has accepted a bill of mortgage duly registered for the balance of the unpaid purchase-money. (h} A sale of land where the owner has consented to the lodgment in the Real Property Office by the purchaser of a caveat against the dealings by such owner during the duration of the contract of sale in respect of the land the lodgment of which caveat notwithstanding anything to the contrary in the Real Property Acts, being authorised herein. (i) A sale of land where the certificate of title in respect of the land is held in escrow with the Public Curator or prescribed authority. (j) A sale of land under the authority of the Crown or corporation, or other officer or authority representing the Crown. (k) A sale of land under the authority of or in obedience to any order of the Supreme Court or Judge, or of the Magistrates Court. (1) A sale of land made by or pursuant to the authority of any Local Authority or similar statutory authority. (m) Such other cases as the Governor .in Council may from time to time, by Order in Council puhlished in the Gazette, determine:

14652 LAND, CONTRACTS OF SALE OF. PART II.- PROTECTION OF Contracts of Sa~ e of LandAct. 24 GEO. V. No. 26, PURCHASERS. - - -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Provided, however, that the above exemptions shall not apply to any person being the person purchasing the land concerned in the first instance if such person resells the land (being still subject to this Act) but does not transfer the land to the subpurchaser under the conditions referred to in paragraphs (e), (f), or (g), or, if he becomes the registered proprietor, does not consent to the lodgment of a caveat by the subpurchaser as referred to in paragraph (h), or does not consent to the lodgment in escrow with the Public Curator or prescribed authority of the certificate of title as referred to in paragraph (i) aforesaid: Provided also, in any case where land is sold in the first instance by the owner-vendor under a contract of sale to a purchaser at a price not exceeding the amount as prescribed in paragraph (b) of this section, and such purchaser subsequently sells such land by contract of sale to a subpurchaser, or any subpurchaser subsequently sells such land by a contract of sale to another subpurchaser, but the selling price in respect of any such sale or subsale exceeds the amount as prescribed in the said paragraph (b) of this section, any such sale or subsale of such land, as the case may be, shall notwithstanding such excess price be deemed to be still subject to the provisions of section four of this Act, and to the intent that any such purchaser or subpurchaser shall be indemnified as prescribed in this Act; and the power and authority to endorse any such bond or to issue any further bond with such prescribed terms and conditions is hereby vested and imposed accordingly. Fidelity bond. 6. (1.) The fidelity bond shall within a time to be prescribed after any such sale be deposited by the owner with the Registrar of Titles or an officer appointed for the purpose, and shall be in such form and shall be subject, to such terms, provisions, conditions, and stipulations as may from time to time be prescribed, and shall be in such amount as the regulations or the Minister may in any particular case require. Conditions. (2.) The obligee of every such bond shall be His Majesty the King. The condition of every such bond shall be as is hereinafter provided or as may be prescribed.

LAND, CONTRACTS OF SALE OF. 14653 ]933. Contracts o/Sale 0/ Land Act. PART II.- PROTECTION OF PURCHASERS. (3.) Any such bond shall be forfeit when the Forfeiture of regI. strar or other 0 fficer appointed by t he Governor I . II bond. Council shall certify in the prescribed form that the owner who sells the land- (a) Has been charged and found guilty of any criminal offence in relation to the land causing loss to the purchaser concerned ; (b) Has been adjudged by a court or, after an inquiry, by an officer appointed by the Minister to have committed a fraudulent act or any other act causing loss to the purchaser in relation to the land concerned (whether or not such owner has been found guilty of any criminal offence or not) : Provided that an appeal against the decision of any such officer shall lie to a court of competent jurisdiction. (4.) When money is paid to His Majesty under any Application such bond under the aforesaid proviRions the Minister of moneys. may cause such money, or any part thereof, to be paid or applied in making compensation to persons who have suffered damage by reason of any such act or default as aforesaid of the owner who sells the land. Any _such payment shall be made on such basis and in such manner as is in accordance with the provisions of this Act or as may be prescribed, or by means of any special order of the Minister in any particular case. (5. ) No right of action shall lie against the Crown or No right of the Attorney-General or authorised officer in respect of ~ ~ : ~ ~ i~ ) ~ ~ ion. any action taken by him or by such officer as to the disposition of the moneys received p~ rsuant to such forfeited bond, but any distribution of moneys so made by him or his authorised officer shall be final and conclusive, and without appeal to any tribunal whatever. 7. (1.) For the purposes of any inquiry held by the Inquiry and inquiry officer under this Act such officer shall have all procedure. the powers, authorities, and protection of a Commission under *" The Official Inquiries Evidence Acts, 1910 to 1929" : Provided that no money shall be so paid or applied to or for the benefit of any person unless such person ------ . - - - - - - * 1 Geo. V. No. 26 and 20 Geo. V. No. 2, supra, pages 748 and 12474.

14654 LAND, CONTRACTS OF SALE OF. PART II.- PROTECTION OF PURCHASERS. Contracts of Sale of LandAct. 24 GEO. V. No. 26, shall first have given an undertaking to pay to His Majesty any amount which he may receive or recover from the defaulting owner-vendor in respect of such act or default and damage, not being greater than the amount so paid or applied to him or for his benefit. Notice. (2.) Forthwith after any money is paid to or retained by His Majesty as hereinbefore mentioned the registrar shall publish a notice in the form prescribed in a news- paper published and circulating in the district in which the defaulting owner-vendor resided at the time when the criminal act or default was committed, in the district in which the land the subject of the contract of sale is situated and also in one newspaper published in Brisbane. Proof of damag.>. (3.) Any person applying for compensation out of such moneys in respect of damage suffered by reason of such act or default as aforesaid shall forward to the inquiry officer a proof of damage in the prescribed form. Such proof shall be forwarded not later than twenty- eight days after the date of the publication of the notice mentioned in the last preceding paragraph: Moreover the inquiry officer may cause any such person to appear personally before him and give evidence on oath in support of his claim. No sum shall be paid to any person by way of compensation out of the abovementioned moneys unless his proof of damage has been forwarded to the inquiry officer within the time hereinbefore prescribed and has been admitted by the Minister. Value of living on property. (4.) In estimating the damage, if any, sustained by a purchaser by the act or default of the vendor-owner there shall be taken into consideration, and allowable as a deduction from any such amount payable to him, the benefit enjoyed by the purchaser by residing on or by leasing the property concerned, Claimant (5.) Moreover, before any claim for compensation ~ ~q~ ~ ; ~ fY shall be admitted or entertained by the inquiry officer, officer as to the claimant shall be required to satisfy the inquiry ~ ~ ~: ~ r: e~ t. of officer that he has on his part faithfully performed the conditions of the sale contract of the land concerned. sCPiooowmneemrr. iss- of think 8 s . fTit, hebeCfoormemtihsesioinsseuremtoay, an i y f ipnerhsiosn doisfcraetfiiodnelihtye bond under this Act, refer to the registrar or authorised

LAND, CONTRACTS OF SALE OF. 14655 1933. PART II.- Contracts of Sale of Land Act. PROTECTION OF - - - - - - - - - - - - - - - - - - - - - - - PURCHASERS. officer for the purpose of ascertaining whether the vendor-owner has, in fact, any title, whether legal or equitable, to the land which it is proposed to sell; or he may make any other inquiry which he considers necessary or expedient for the due administration of this Act and the Insurance Fund. 9. Upon the request of the purchaser it shall Duty of be the duty of the owner-vendor in cases where a o~ r­ purchaser has, in respect of his purchase of land under ven or. the Real Property Acts (not being a sale of land exempted under section five of this Act) paid off an amount of the selling-price equal to thirty-three and one-third per cent. thereof to- (a) Execute a memorandum of transfer and charge in the purchaser's name; or (b) Execute a memorandum of transfer in the purchaser's na,me, and to take from the purchaser a bill of mortgage for the unpaid purchase-money; or (c) Consent to the lodgment by the purchaser in the Real Property Office of a caveat forbidding the dealing with the land concerned during the period of .the sale contract, and to take such steps as shall enable the registration of the documents referred to in paragraphs (a), (b), or (c) in the Real Property Office : Moreover, it shall be the duty of the purchaser who so requests as aforesaid to demand from the owner-vendor compliance with the above provisions in respect of the purchase concerned. Any owner-vendor or purchaser who refuses or neglects or fails to comply with the provisions of this section shall be guilty of a breach of this Act. 10. Every owner-vendor who sells to any purchaser Notification any land (not being a sale of land exempted under of ~ ales to sectI.On five 0 f t h I ' S Act) and wh' lC h' IS not conveyed t 0 regIstrar. such purchaser by means of any registrable instrument duly registered in the Real Property Office, shall cause a copy of the contract of sale agreement to be forwarded to the registrar.

14656 LAND, CONTRACTS OF SALE OF. PART Il.- PROTECTION OF PURCHASERS. Contracts of Sale of LandAct. 24 Goo. V. No. 26, sRaagelregeiesmteernotsf. a boo 1 k 1. spTehceiarlelygissettraarpsahratlflorthseurcehuppounrpofsilee i s n uacchcocrodpayncine with the regulations, and such book shall be open for inspection on the payment of a prescribed fee. PART IlI.- EQUITY OF PURCHASERS. PART IIl.-EQUITY OF PURCHASERS. Equity in 12. (I.) The provisions of this Act shall, notwith- csaolnetroafcltasnodf. standing any law to the contrary, be read and construed as granting without prejudice to any other equitable rights of the purchaser a right in equity to the purchaser in or in respect of the land purchased by him or the value thereof comprised in the .contract of sale of the land concerned based on the payments and/or instalments made by the purchaser, and a right of relief to the purchaser in accordance with this Act. Application (2.) The provisions of this section shall apply and of section. extend to any contract of sale of land, and whether or not such contract of sale would be exempted under the provisions of section five of this Act. Default. in 13. (1.) Notwithstanding anything in any Act or scaolnet. racts of law or rule or process of law to the contrary, and notwithstanding the terms, stipulations, and conditions of any contract of sale of land, where the purchaser has paid off an amount from the consideration for the sale of the land concerned, and the purchaser shall fail to continue to comply with the terms and conditions of the contract of sale Of make default in the payment of the instalment or instalments therein, the following conditions shall apply :- (a) The vendor may give notice to the purchaser in the prescribed form or according to the practice of the court that he intends to rescind the contract. (b) Ruch rescission shall not take effect until the expiration of thirty days from the date of such notice, or such further time as the court may in its discretion direct in any particular case, and on application by the purchaser in that behalf. Rights of purchaser. (2.) At any time within the said period of thirty days (or extended time as the case may be) upon payment or tender by the purchaser to the vendor of the amount due under the contract of sale at the date of

LAND, CONTRACTS OF SALE OF. 14657 1933. Contracts of Sale of Land Act. PART III.- E~ U; TY - - - - - - - - - - - PUROHASERS. such notice of intention as aforesaid, or upon the payment of any instalment or instalments due by the purchaser at such date, or upon the performance or tender of performance of any other term or condition of the contract of sale (where the failure to make such payment or non-performance of such term or condition entitled the vendor to give such notice of intention to rescind the contract) and payment to the vendor of any reasonable expenses necessarily incurred by him herein, no action shall be taken by the vendor to rescind the contract of sale concerned, and the contract shall continue in force as if no default had occurred. (3.) If, however, within the prescribed period the Rights of purchaser neglects or fails to take such action as is set vendor. forth in subsection two of this section the vendor may rescind such contract of sale. (4.) Notice to the purchaser by the vendor as aforesaid shall be given in writing by the owner to the purchaser, delivered either personally or by registered post, directed to the purchaser at his last known place of business or residence. A notice so posted shall be taken to have been given at the time when the registered letter would in the ordinary course be delivered. (5.) The vendor may, if within the prescribed period the purchaser neglects or fails to take such action as is set forth in subsection two of this section- (a) Either retake possession of the land, on payment to the purchaser such sum as shall be agreed upon, or, in default of agreement, as shall be adjudged by the court as representing a fair and equitable payment to him, after taking into consideration the date, terms, and conditions of the contract of sale, the amount of consideration set forth therein, and the date of the rescission of the contract, the values of land at both dates, the occupancy by the purchaser of the land, and such other relevant matters and factors as the court in its discretion deems fit and proper having regard to the whole circumstances of the transaction; or

14658 PART III.- EQUITY OF PURCHASERS. LAND, CONTRACTS OF SALE OF. Contl'acts Of Sa~ e of LandAct. 24 GEO. V. No. 26, i. b) Retake possession of the land and resell by public auction the property in question: Provided that, if such land when offered by public auction cannot be sold at a price being not less than the amount owing on it by the purchaser under the contract of sale, together with the expenses incurred in connection with such sale, the owner may sell the land by private contract. Out of such proceeds, the vendor shall be entitled to- (i.) Reimburse himself in respect of payment of any expenses reasonably incurred by him in respect of and incidental to the repossession and the resale; (ii.) Retain the amount represented as the unpaid balance of the moneys including all rates and taxes and other outgoings accrued due in respect of the land at the date of the sale thereof which would have been payable under the contract of sale by the purchaser to entitle him to the full ownership of the land concerned, and the balance (if any) shall be repaid to the purchaser ;making the default. Provisiolls (6.) If the owner who has repossessed any land ~ ~: : .~ ~~~~. comprised in a contract of sale does not sell the land within six months after repossession thereof he shall be under the same liability to the purchaser as if he had sold the land immediately upon the expiration of the said six months, and he shall be deemed to have received as proceeds of that sale the sum representing the price which the land might reasonably be expected to have realised if it had been sold at that time: Provided that such period of six months may be extended from time to time by the court on application by the owner concerned, and the court may make such order in the circumstances as it may think fit and proper. Subsection five o(this section shall also be construed to apply in every such case accordingly. Instalments. (7.) Where the proceeds of such sale are paid to the owner by way of instalments such owner shall from

LAND, CONTRACTS OF SALE OF. 1465) 1933. Contracts of Bale, of Land Act. PART III.- EQUITY OF PURCHASERS. time to time out of such proceeds remit such proportion of such proceeds as shall be paid to such owner to the purchaser as may be mutually agreed upon between the owner and the purchaser, and, in the case of any dispute, according to the order of the court. (8. ) Notwithstanding anything to the contrary ~ ) etermina­ contained herein, the amount (if any) paid.b.y the own~ r ~ : ~ ~ 1. ~ l; t to the purchaser pursuant to the provIsIOns of thIs section, or any other reasonable adjustments, may be settled by agreement between the parties: Provided that, if the parties have failed to arrive at an agreement in respect to the amount so payable, or any such adjustment, the purchaser may apply to the court requesting that the amount be determined by the court. (9.) The clerk of the court shall have power to Hearing by summon the parties to appeal' before the court at a time court. and place stated in the summons with a view to having all questions in issue between them in relation to the contract of sale, and/or in respect of any of the matters hereinbefore mentioned in relation thereto, settled and decided by the court. Such summons shall be deemed to be a summons in a personal action within the meaning of *" The Magistrates Courts Act of 1921," and the purchaser shall be deemed to be the plaintiff and the owner the defendant, and the relative provisions of the said Act and Rules of Court made thereunder, together with any modifications or additions or amendments thereto or modifications thereof as may be necessary, shall apply to the proceedings accordingly; and the court shall have power to review the said contract of sale referred to in subsection five, or any other matter being the subject of appeal to the court, in favour of or against either party and to decide the questions at issue and to give judgment for either party for such amount or otherwise make such order as it shall think fair and equitable under the circum- stances, and such judgment or order shall be and be deemed an order of the court and enforceable accordingly. Without in any wise limiting such power of review, such review may include the question as to whether the * 12 Geo. V. No. 22, supra, page 9713. 1.

14660 LAND, CONTRACTS OF SALE OF. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - - EQUITY OF PURCHASERS. Contracts of Sale of LandAct. 24 GEO. V. No. 26, terms and conditions of the sale hereinbefore provided were fair and reasonable, and as to whether (where the owner has not sold the land as set forth in subsection six of this section) the sum representing the price which the land might reasonably be expected to have realised was fair and reasonable : Provided always, that where the court is the Supreme Court under this Act the application and hearing shall be made and heard according to the practice of the court: Provided further, that any person who may be interested in the matter whether as a subpurchaser or otherwise shall be entitled to appear at any hearing before the court and be heard accordingly. Application (10.) This section shall apply in respect of every of section. default made arfter the commencement of this Act under any contrljLct of sale, whether entered into before or after the commencement of this Act, and whether or not such contract of sale would be exempted under the provisions of section five of this Act; and this section shall have retrospective operation accordingly. Interpreta- (11.) For the purposes of this Part, the term tion. " vendor" shall where necessary also include any mortgagee in possession and exercising power of sale under any mortgage concerned. Special cases 14. 'Vhere, with respect to any contract of sale, an ~ ~ : : ence- owner has since the first day of October, one thousand ment of this nine hundred and thirty-three, exercised against the Act. purchaser such powers and done such acts which, if this part of this Act were in operation as from such date, would be contrary to its provisions the purchaser may apply to the court for an order setting aside the exercise of such powers or the doing of such acts and reinstating the parties as nearly as may be in their former positions, and the grautiing to the purchaser the relief under this Act as if the exercise of the power or the doing of such act had not been exercised or done. At any application the court, after considering all the matters referred to in sections twelve and thirteen of this Act and all other relevant considerations, may in its discretion grant such relief to the purchaser as it shall deem fit and proper under the circumstances or it may refuse any such application; and all the

1933. LAND, CONTRACTS OF SALE OF. 14661 Contracts of Bale of Land Act. PART III.- E~ U; TY - - - - - - - - PURCHASERS. powers, authorities, and jurisdiction of the court under this Act shall, mutatis mutandis, apply and extend accordingly: Provided that no application to the court under this section shall be heard by the court unless the application i~ made within two months from the commencement of this Act. PART IV.-MrsCELLANEOUS. PART IV.- MrSCELLANE- OUS. 15. Any stipulation, covenant, or condition in any Contracting. contract of sale of land which declares or purports to out. declare that this Act 01' any provision or like provision thereof shall not apply m respect of the contract of sale, whether or not such contract of sale would be exempted under the provisions of section five of this Act, shall not prevent the court from making any order under this Act. 16. The practice of the court as to time, place, Seryice of and method of service and otherwise shall apply to the notlCes, &c. service of any notice under this Act. 17. Any application made under this Act shall be Hearing. heard by the court in open court unless in any particular case the court decides in its discretion that the matter should be heard in camera. . 18. (1.) It shall be the duty of any owner-vendor of Notifica:ti.on any land , when such land is being or is about to be ooff t c I ~ t m le d . ltlOn conveyed by means of a contract of sale agreement (and being an instrument not registrable under the Real Property Acts as an instrument), to notify the purchaser or intending purchaser of any mortgage or other encumbrance or lien or other charge on the land in question. (2.) And in any case where land has been so conveyed it shall also be the duty of the owner-vendor to notify the purchaser or any subpurchaser of any mortgage or other encumbrance or lien or other charge which he may from time to time enter into after the land has been so conveyed and while still subject to the contract of sale or assignment thereof. (3.) Any person offending against the provisions of this section shall be guilty of an offence.

14662 PARi' IV.- MISCELLANE- OUS. LAND, CONTRACTS OF SALE OF. • Contracts of Sale of LandAct. 24 Gm. V. No. 26, (4.) In any case where land has been conveyed by contract of sale and the owner thereof has subsequent to the making of the contract of sale mortgaged or otherwise encumbered the land while still subject to the contract of sale or assignment. thereof, the owner ~ hall make such arrangements in regard to any purchaser or subpurchaser as shall protect the equitable interests in the land of the purchaser or subpurchaser concerned; such arrangements may be made by agreement with the parties concerned or in default of agreement as may be determined by the court, and the court shall have in its discretion power and authority to make such order herein as it thinks fit. (5.) Where in the case of any contract of the sale of land made and entered into prior to and existing at the commencement of this Act the vendor-owner did not at the time of the making of the contract of sale disclose to the purchaser that any mortgage or encumbrance or lien or other charge was existing on the land at the time of the making of the contract of sale, or after the making of the contract of sale the vendor-owner mortgaged or otherwise encumbered the land whether by mortgage, encumbrance, lien, or other charge without disclosing to the purchaser concerned the making of such mortgage, encumbrance, lien, or other charge the purchaser may, notwithstanding the terms and conditions of the contract of sale,· demand of the vendor-owner that such vendor-owner shall take such steps as shall secure to the purchaser the adequate protection of his rights under the contract of sale. An agreement may for such purpose be made and entered into between the parties concerned, and in default of any such agreement or refusal by the vendor- owner to make such agreement, the purchaser may appeal to the court, and the court in its discretion shall have power, authority, and jurisdiction to make such order as it shall think fit and proper under the circumstances. (6.) The provisions of this section shall apply to any contract of the sale of land, whether such contract would be exempted under the provisions of section five of this Act or not. gffect of order. 19. An order made by the court pursuant to this Act shall have authority and effect as an order of the court and shall be obeyed by all persons concerned:

]963. LAND, CONTRACTS OF SALE OF. Contracts of Bale of Land Act. 14663 PART IV.- MISOELLANE- OUS. Provided that in any case where the purchaser to whom an order has been granted by the court neglects or contravenes or fails to comply with the provisions thereof, it shall be competent for the owner to apply to the court for a cancellation or review thereof, and the court on such application may make such order as it shall deem fit and proper. The costs of any application under this Act shall Costs. be in the absolute discretion of the court. 20. Subject as hereinafter mentioned, any order of No appeal. the court made or purporting to have been made under the provisions of this Act shall be final and conclusive and without appeal, and no writ of prohibition or certiorari shall lie in respect thereof : Provided that in connection wiNl any contract of Saving. sale of land where the purchase price exceeds one hundred pounds, an appeaL shall lie and shall be d~ emed to be an appeal under the provisions of *" The Magistrates Courts Act of 1921," and the provisions'of such lastmentioned Act shall, mutatis mutandis, apply and extend accordingly. 21. (1.) In respect of contract for sale of land it Contract of shall be lawful for the Governor in Council from time to ~ ~~ditions. tiime by Order in Council to prescribe a model form of contract of sale indicating therein the terms, provisions, conditions, and stipulations, which contract shall be observed by the vendor and purchaser in connection with such contract. ·Without limiting the generality of these provisions, any such conditions may prescribe that the purchaser shall, on default made by him in respect to such purchase and in connection with the resale of the land by the vendor owing to such default, be entitled to be paid over such balance of the purchase-money, which may be arranged pursuant to agreement between the parties or, in default of agreement, according to the discretion of the court, be lawfully paid to him after the vendor's debt and necessary charges shall be satisfied; and the provisions of section thirty of this Act shall apply and extend accordingly. * 12 GBo. v. No. 22, supra, page 9713.

14664 PART IV.- MISOELLANE- OUS. LAND, CONTRACTS OF SALE OF. Contracts of Sale of LandAct. 24 GEO. V. No. 26, Any vendor failing to observe the conditions of any Order in Council made under this section shall be liable to a penalty in respect of each offence not exceeding one hundred pounds. Application (2.) The provisions of this section shall apply and of section. extend to any contract of sale of land, and whether or not such .contract of sale would be exempted under the provisions of section five of this Act. Civil and criminal rights and remedies. 22. Subject to this Act, nothing in this Act contained, and no proceedings taken thereunder against any person, shall in any way prejudice or interfere with any right or remedy by civil process which any person aggrieved might have had if this Act had not been passed. Nothing in this Act shall prejudice or limit or in any wise affect the provisions of *" The Criminal Code." Offic!'rs. 23. The Governor in Council, on the recommenda- tion of the PubHc Service Commissioner, may appoint such officers which he may consider necessary to give effect to the objects and purposes of and the administration of this Act. 24. (1.) Any person- (a) Who is guilty of an offence against, or of a breach of duty under, this Act ;or (b) Who wilfully neglects, refuses, or fails to comply with any provision of this Act, shall, where no penalty is otherwise provided, be liable to a penalty not exceeding two hundred pounds or to imprisonment for a term not exceeding six months, or to both penalty and imprisonment. Prosecution. (2.) Any prosecution for any such offence may be instituted by any officer authorised by the Minister, whether generally or in any particular case, or by any person aggrieved. Proceedings (3.) All such proceedings shall be heard and itno abe heard determined in a summary way on complaint under summary t" The Justices Acts, 1886 to 1932." way. * 63 Vie. No. 9, supra, page 341. t 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.

1938. LAND, CONTRACTS OF SALE OF. Contracts of Sale of LandAct. 14665 PART IV.- MISOELLANE- OUS. (4.) ·Where any offence against any of the provisions Offence by of this Act is committed by a corporation or company company. the chairman of directors or manager or other governing officer, by whatever name called, of such corporation or company shall be liable to the punishment provided by this Act for such offence unless he proves that such offence was committed without his knowledge or connivance and without any negligence on his part. 25. In any proceedings no proof shall be Evidence. required of- (a) Any order to prosecute or of the particular or general appointment of any officer; or (b) The authority of any officer under this Act if such officer purported to act thereunder. 26. Subject to this Act, nothing in this Act shall Saving of abridge, limit, interfere with, affect, or in any wise be : : :~ erty construed as an amendment of *" The Real Property Acts. Acts, 1861 to 1887" (or any Act amending the same), but the provisions of such lastmentioned Acts shall have and continue to have the same force and effect as if this Act had not been passed. 27. Subject to this Act, the provisions of t" The Application Magistrates Courts Act of 1921" and Rules of Court ~ iagistrates made thereunder shall, so far as the same are applicable, Courts Act. apply and extend in respect of any matter or thing under this Act where such Magistrates Court has jurisdiction under this Act, and the power and authority to make Rules of Court under such Act shall apply and extend for the purposes of this Act. 28. In any case where the Snpreme Court is the Application court having jurisdiction under this Act the provisions S~ ~ r~ ~ : of t" The Supreme Court Act of 1921 " and the Rules of Gourt A, ~t Court thereunder shall, so far as the same are applicable, of 1921. apply and extend in respect of any matter or thing under this Act, and tbe power and authority to make Rules of Court under such Act shall apply and extend for the purposes of this Act; and this Act shall be read and construed accordingly. * 25 Vic. No. 14 and amending Acts, 8upra, pages 2984 et 8eg. t 12 Geo. V. No. 22, 8upra, page 9713. t 12 Geo. V. No. 15, 8upra, page 9787.

14666 PART IV.- MISCELLANE- OUS. LAND, CONTRACTS OF SALE OF. Contracts of Sale of LandAct. 24 GEJO. V. No. 26, H3gulations. 29. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet -particular cases, that may be convenient for the administration of this Act, or that may be necessary or expedient to carry out the objects and purposes of this Act; and where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for- and supplying such omission or insufficiency. Without limiting the generality of the foregoing provisions such regulations may be made for all or any of the following purposes:- (a) Requiring the vendor to deposit the prescribed fidelity bond in such amount as may be prescribed; the form and nature of such bond, or additional bonds or prescribed endorsement thereof; the terms~ provision, conditions, and stipulations in regard thereto (including terms and provisions relating to such fidelity bond in respect of subpurchasers); and prescribing provisions as to deposit of securitie~ . (b) R~quiring that any purchaser or subpurchaser shall be guilty of an offence punishable by a prescribed penalty, or prescribed imprison- ment or both penalty and imprisonment, if being required pursuant to a contract vf sale of land to pay to any vendor or prior purchaser any instalment of moneys out of moneys paid to him for payment to such vendor or prior purchaser, refuses, neglects~ or fails to make any such payment. (c) The rates of premium payable from time to time in respect of any fidelity bond; the basis of calculation of premiums in respect of purchasers and/or subpurchasers; and the time and method of payment. (d) The cancellation of such bond. (e) The application and distribution of any moneys under any bond.

1933. LAND, CONTRACTS OF SALE OF. Contracts of Sale of Land Act. 14667 PART IV.- MISCELLANE- OUS. (f) All such observances, matters, and things as are not specifically provided for in this Act and which the Governor in Council considers it desirable that the same should be complied with in the exercise of the provisions of this Act. (g) The form and manner of keeping any prescribed register. (h) Any forms and fees as may be prescribed. (i) Imposing a penalty not exceeding one hundred pounds or imprisonment, or both penalty and imprisonment" for a breach of any of such regulations. (2.) Regulations may be made on the passing of this Ad. 30. All Orders in Council and regulations on being Orders in approved by the Governor in Council shall be published Cou~ c~ l. and in the Gazette, and thereupon shall have the same force regu a lOns. and effect as if they were embraced in and formed part of this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatever. Copies of such Orders in Council Et nd regulations shall be laid before Parliament within fourteen sitting days after such publication if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session. Any such Orders in Council and regulations may be revoked or amended by the Governor in Council by Order in Council published in the Gazette. 31. Nothing in this Act shall prejudice or in any Financial wise affect *" The Financial Emergency Act of 1931," Emergency t " if or Th e F ~ ' nanc~ 0 a l E mergency R e lO w E x t ensw 0 n Act> 0 ] p A re c s ts e , rv & e c d . . , 1932," or t" The ~ Mortgagors Relief Acts, 1931 to 1932," or any Act amending or in substitution for those Acts; but this Act shall be construed as being in aid of such Acts: ~ ~- - -~ - -- - ~~- --- -- * 22 Geo. V. No. I, supra, page 13402. t 23 Geo. V. No. 10, 8upra, page 14084. :j: 22 Geo. V. No. 6 and Part IV. of 23 Geo. V. No. 10, supra, pages 13848 and 14084. "

14668 PART IV.- MISCELLANE- OUS": LAND, CONTRACTS OF SALE OF. Contracts of Sale of Land Act. 24 GEO. V. No. 26, 1933. Provided that the words "from time to time" are respectively inserted in sections twelve and thirty of *" The Financial Emergency Relief Extension Act of 1932" after the words" extended time as may," respect.ively occurring in such sections; and these amendments take effect from the passing of this Act. * 23 Geo. V. No. 10, supra, page 14084. LAND TAX. See TAXATION. LANDS, CROWN. See WIRE AND WIRE-NETTING. LANDS, DAWSON VALLEY IRRIGATION. SEe WATER. LEAD-POISONING (MOUNT ISA). See LABOUR (2). LEGISLATIVE ASSEMBLY, LOANS TO MEMBERS VALIDATION. See CONSTITUTION (1). LIENS ON CROPS OF SUGAR CANE. See SUGAR (1). LIFE ASSURANCE. See COMPANIES (LIFE ASSURANCE). LOANS. See INDUSTRY (INDUSTRIES ASSISTANCE AND BUREAU OF INDUSTRY) ; To MEMBERS OF PARLIAMENT VALIDATION. See CONSTITUTION (1). LOCAL AUTHORITY. See PART H., BRISBANE. GRAZING DISTRICTS IM~ } tOVEMENT. See DINGO AND MARSUPIAL • DESTRUCTION. MAIN ROAD FUNDS TRANSFER. , See ROADS.