Conveyancing Act 1919 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Strata Schemes Legislation Amendment Act 2025 No 14 (not commenced)

Conveyancing and Real Property Amendment Act 2025 No 50, Sch 1[13] and [16]–[30] (not commenced)

An Act to amend and consolidate the law of property and to simplify and improve the practice of conveyancing; and for such purposes to amend certain Acts relating thereto.

Part 1APreliminary

pt 1A, hdg: Ins 1999 No 31, Sch 5.22 [1].

1Name of Act and commencement

This Act may be cited as the Conveyancing Act 1919 and shall commence and come into operation on the first day of July, one thousand nine hundred and twenty.

s 1: Am 1984 No 20, Sch 2 (1).

2

(Repealed)

s 2: Am 1930 No 44, sec 35; 1938 No 30, sec 3 (b); 1970 No 60, First Sch; 1972 No 17, sec 2 (a); 1978 No 61, Sch 1 (1); 1979 No 171, Sch 2 (1); 1983 No 26, Sch 1 (1); 1984 No 20, Schs 1 (1), 2 (2); 1984 No 53, sec 3. Rep 1985 No 231, Sch 3 (1).

3Repeals(1)

The Acts mentioned in the First Schedule to this Act are to the extent therein expressed hereby repealed.

(2)

All rules of court made under the authority of any Act or section hereby repealed and being in force at the commencement of this Act, shall so far as applicable, be deemed to have been made under the authority of this Act.

4Operation of Act

Any alteration, by this Act, of the law, whether by the repeal of an enactment, or otherwise, shall not, unless otherwise expressly provided by this Act, affect—

  • (a)

    any right accrued, or obligation incurred, before the commencement of this Act under the law so altered, or

  • (b)

    the validity or invalidity, or any operation, effect or consequence, of any instrument executed or made, or of anything done or suffered before the commencement of this Act, or

  • (c)

    any action, proceeding or thing then pending or uncompleted; every such action, proceeding and thing may be carried on and completed as if the enactment had not been repealed, or the law otherwise altered.

5Restriction on validation of instruments

Where any instrument executed prior to the commencement of this Act is by any provision hereof rendered valid and effectual, and would, but for this Act, be or remain invalid or ineffectual, such instrument shall be deemed to be validated only where the person who is at the commencement of this Act in possession of the property affected by the instrument claims under such instrument and not adversely to it.

6Application of Act to Real Property Act 1900 and other Acts(1)

Except as hereinafter provided, this Act, so far as inconsistent with the Real Property Act 1900, shall not apply to lands, whether freehold or leasehold, which are under the provisions of that Act.

(2)

Except as hereinafter provided by this Act or the regulations made for the purposes of section 52A or 66ZA, this Act shall not be construed as affecting the provisions of the Crown Land Management Act 2016, the Mining Act 1992 or the Offshore Minerals Act 1999 or the provisions of any other Act dealing with Crown lands.

(2A)

Division 4 (Easements and restrictive and positive covenants) of Part 6, so far as it is applicable, applies to and in respect of Crown land, including land under a continued incomplete tenure purchase, continued perpetual lease, continued term lease or continued special lease within the meaning of Schedule 1 to the Crown Land Management Act 2016.

(3)

Wherever any provision of this Act is expressed to apply to land under the provisions of or dealings under the Real Property Act 1900, such provision shall not be deemed to apply exclusively to such land or dealings unless the contrary appears.

s 6: Am 1972 No 17, sec 2 (b) (am 1984 No 153, Sch 16); 1973 No 81, Fourth Sch; 1985 No 142, Sch 1 (1); 1989 No 9, Sch 1; 1990 No 21, Sch 1 (1); 1992 No 29, Sch 5; 1999 No 42, Sch 3.3 [1]; 2017 No 17, Sch 4.19 [1] [2].

6AApplication of Act to electronic form plans and other documents(1)

This section applies to—

  • (a)

    plans lodged for the purposes of this Act, and

  • (b)

    documents required, by this Act or another Act, to be lodged with a plan.

(2)

A reference in this Act—

  • (a)

    to a plan or another document includes a reference to an electronic data file containing a plan or another document in an electronic form, and

  • (b)

    to the lodging of a plan or another document includes a reference to the electronic lodging of a plan or another document in an electronic form approved by the Registrar-General, and

  • (c)

    to a sheet of a plan or another document that is in electronic form is a reference to a sheet on which the whole or part of the plan or other document would be reproduced if the plan or other document were converted to hard copy form without re-pagination.

(3)

If a plan is lodged electronically, all other documents that are required to be lodged with the plan must also be lodged electronically in an electronic form approved by the Registrar-General, except—

  • (a)

    (Repealed)

  • (b)

    any other documents excepted from this requirement by regulations under this or any other Act or by the Registrar-General.

(4)

Any signature, seal, certificate, consent or other approval required to authenticate, or to authorise the registration or recording of, a plan proposed to be lodged in electronic form is to be endorsed on an approved form for signatures. When the plan is lodged, that form must also be lodged electronically in an electronic form approved by the Registrar-General.

(5)

This Act applies to and in respect of plans and other documents lodged in electronic form in the same way as it applies to other plans and documents, subject to any modifications prescribed by this Act or the regulations.

(6)

This section extends to plans and other documents relating to land under the Real Property Act 1900.

s 6A: Ins 2002 No 2, Sch 1 [1]. Am 2004 No 91, Sch 1.7 [1]; 2021 No 10, Sch 3.7[1]; 2023 No 35, Sch 1.8[1] [2]; 2025 No 50, Sch 1[1].

6BFees(1)

The regulations may prescribe the following—

  • (a)

    functions under this Act, the regulations or another law for which a fee may be charged and the amount of the fee,

  • (b)

    the fees to be paid for the exercise of titling and registry functions.

(2)

A prescribed fee must be paid before the function is exercised unless otherwise agreed between the person exercising the function and the person responsible for paying the fee.

(3)

The fee prescribed for a titling and registry function is, if the function is undertaken by the authorised operator, the maximum fee that may be charged for the function.

(4)

This section operates in addition to a provision of this Act or another law that allows for the prescribing of a fee.

(5)

In this section—

authorised operator has the same meaning as in the Land and Property Information NSW (Authorised Transaction) Act 2016.

s 6B: Ins 2004 No 91, Sch 1.7 [2]. Subst 2025 No 50, Sch 1[2].

6CElectronic form documents and signatures(1)

A reference in this Act to a contract or deed includes a reference to an electronic data file containing a contract or deed in an electronic form.

(2)

This Act applies to and in respect of contracts or deeds in an electronic form in the same way as it applies to other contracts or deeds, subject to any modifications prescribed by this Act or the regulations.

(3)

To avoid doubt, Division 2 of Part 2 of the Electronic Transactions Act 2000 applies to a requirement or permission under this Act for a document to be verified, authenticated, attested or witnessed under the signature of a person other than the author of the document, subject to any regulations under this Act.

(4)

This section extends to contracts or deeds relating to land under the Real Property Act 1900.

(5)

The regulations may, for the purposes of this Act, prescribe—

  • (a)

    what does and does not constitute an electronic signature or attestation, and

  • (b)

    any further requirements in relation to electronic signatures and attestations.

(6)

If a contract is provided in electronic form, all other documents that are required to be attached to the contract, or provided before completion of the contract, may, despite any other provision in this Act or the regulations, also be provided in electronic form if the document is clearly legible in that form.

s 6C: Ins 2018 No 75, Sch 1 [1].

Part 1Interpretation7Definitions(1)

In the interpretation of this Act, and of any rules or regulations made thereunder, unless the context or subject matter otherwise indicates or requires—

Administrator means administrator within the meaning of the Probate and Administration Act 1898, and includes the NSW Trustee and Guardian acting as collector under an order to collect.

Approved form means a form approved by the Registrar-General for the purposes of the provision of this Act in which the expression is used.

Assurance includes a conveyance and a disposition made otherwise than by will; and assure has a corresponding meaning.

Bankruptcy means any act or proceeding in law having, before or after the commencement of the Conveyancing (Amendment) Act 1972, effects or results similar to those of bankruptcy, and includes the winding-up of a company under the Companies Act 1961, the Companies (New South Wales) Code or the Corporations Act 2001 of the Commonwealth; and bankrupt has a meaning corresponding with that of bankruptcy.

Commonwealth means Commonwealth of Australia, and Commonwealth Act (with or without descriptive words) means an Act passed by the Parliament of the Commonwealth and includes any Act amending or substituted for the same.

Conveyance includes any assignment, appointment, lease, settlement, or other assurance by deed of any property; and convey has a meaning corresponding with that of conveyance.

Court means the Supreme Court.

Crown plan means a plan (such as a county or parish map, a town or village map or a portion plan) that has been prepared by or on behalf of the Crown and is held by the Registrar-General, and includes a registered plan that has been lodged for registration with the Registrar-General by or on behalf of the Crown.

Current plan has the meaning given by section 7A.

Dealing has the same meaning as it has in the Real Property Act 1900.

Deed in relation to land under the provisions of the Real Property Act 1900, includes a dealing having the effect of a deed under that Act.

Disposition includes a conveyance, and also an acknowledgment under section 83 of the Probate and Administration Act 1898, vesting instrument, declaration of trust, disclaimer, release and every other assurance of property by any instrument except a will, and also a release, devise, bequest, or an appointment of property contained in a will; and dispose has a corresponding meaning.

Executor means the executor to whom probate has been granted, and includes an executor by right of representation.

Existing lot means—

  • (a)

    a lot whose boundaries are shown in a current plan, or

  • (b)

    in relation to land that is not included in a current plan, any distinct lot or portion of land whose current boundaries are identified in the document or documents that evidence current legal interests in the land,

whether comprising the whole of a parcel, or 2 or more parts of a parcel separated by land reserved or acquired for a road, railway or other like purpose.

General Register of Deeds means the General Register of Deeds maintained under section 184C.

Income, when used with reference to land, includes rents and profits.

Incumbrance includes a mortgage in fee or for a less estate, and a trust for securing money, and a lien and a charge of a portion, annuity, or other capital or annual sum; and incumbrancee has a meaning corresponding with that of incumbrance, and includes every person entitled to the benefit of an incumbrance, or to require payment or satisfaction thereof.

Instrument includes deed, will, and Act of Parliament.

Land includes tenements and hereditaments, corporeal and incorporeal, and every estate and interest therein whether vested or contingent, freehold or leasehold, and whether at law or in equity.

Land under the provisions of the Real Property Act 1900 or any equivalent expression, means estates registered under that Act.

Licensed conveyancer means the holder of a licence in force under the Conveyancers Licensing Act 2003.

lodgment rules has the same meaning as in the Real Property Act 1900.

Mental disability means the legal disability by reason of which the property of a person subject thereto may, pursuant to the law from time to time in force with respect to mental health, be committed to the management and care of another person.

Minor means a person under the age of eighteen years; and minority has a corresponding meaning.

Mortgage includes a charge on any property for securing money or money’s worth; and mortgage-money means money or money’s worth secured by a mortgage.

Mortgagee includes any person from time to time deriving title to the mortgage under the original mortgagee; and mortgagee in possession means a mortgagee who in right of the mortgage has entered into and is in possession of the mortgaged property.

Mortgagor includes any person from time to time deriving title to the equity of redemption under the original mortgagor, or entitled to redeem a mortgage, according to the person’s estate, interest, or right in the mortgaged property.

Mortgage, mortgagee, and mortgagor in relation to land under the provisions of the Real Property Act 1900 have the same meaning as in that Act.

Order includes judgment.

Personal representative means the executor or administrator for the time being of a deceased person.

Possession, when used with reference to land, includes the receipt of income therefrom.

Power to postpone sale means power to postpone in the exercise of a discretion whether separately expressed or implied by the terms of the trust for sale.

Property includes real and personal property, and any estate or interest in any property real or personal, and any debt, and any thing in action, and any other right or interest.

Purchaser means a purchaser for valuable consideration, and includes a lessee, mortgagee, or other person who for valuable consideration acquires an interest in property, except that in Part 4, Divisions 5 and 6 purchaser means only a person who acquires an interest in or charge on property for money or money’s worth; and purchase has a meaning corresponding with that of purchaser.

Registered means registered in the appropriate register by the Registrar-General.

Registered plan means any of the following—

  • (a)

    a plan of subdivision, a plan of consolidation or a plan of identification (each within the meaning of section 195) that is registered in accordance with Division 3 of Part 23,

  • (b)

    a strata plan, strata plan of subdivision or strata plan of consolidation within the meaning of the Strata Schemes Development Act 2015,

  • (c)

    (Repealed)

  • (d)

    a plan that is registered for the purpose of showing either or both of the following—

    • (i)

      land that is proposed to be acquired, by agreement or compulsory process, under a provision of an Act (including a Commonwealth Act) that authorises the acquisition of land by compulsory process, or

    • (ii)

      the residue of land of which part is proposed to be so acquired,

  • (e)

    a plan (other than a plan referred to in paragraph (a)–(d)) that is registered or recorded by the Registrar-General for the purpose of showing a parcel in a lawful division of land.

Regulations means regulations made under this Act.

Rent includes yearly or other rent, toll, duty, royalty, or other reservation by the acre, the ton, or otherwise; and fine includes premium or foregift, and any payment, consideration, or benefit in the nature of a fine, premium, or foregift.

Sale means only a sale properly so called.

Securities include stocks, funds, and shares.

titling and registry functions has the same meaning as in the Land and Property Information NSW (Authorised Transaction) Act 2016.

Trust corporation means the NSW Trustee and Guardian or a trustee company or The Official Receiver in Bankruptcy or the trustee in whom is vested the property of a bankrupt.

Trust for sale means a binding trust for sale, whether or not exercisable at the request or with the consent of any person, and with or without a power at discretion to postpone sale.

Trustee company means a licensed trustee company within the meaning of Chapter 5D of the Corporations Act 2001 of the Commonwealth authorised by an Act of New South Wales to act as trustee.

Trustees for sale mean the persons holding property on trust for sale.

Valuable consideration includes marriage but does not include a nominal consideration in money.

War damage means damage caused by, or in repelling, enemy action, or by measures taken to avoid the spreading of the consequences of damage caused by, or in repelling, enemy action.

Will includes codicil.

(2)
  • (a)

    Any deed, will, agreement for a settlement, or other agreement, Act, or other instrument, or any number of instruments, whether made or passed before or after, or partly before and partly after the commencement of the Conveyancing (Amendment) Act 1930, under or by virtue of which instrument or instruments any land on or after such commencement stands for the time being—

    • (i)

      limited to or in trust for any persons by way of succession, or

    • (ii)

      vested in, or limited in trust for a minor in possession,

    creates, or is for the purposes of this Act a settlement, and is in this Act referred to as a settlement, or as the settlement, as the case requires—

    Provided that where land is the subject of a compound settlement references in this Act to the settlement shall be construed as meaning such compound settlement, unless the context otherwise requires.

  • (b)

    Where a minor is beneficially entitled to land, and by reason of an intestacy or otherwise there is no instrument under which the interest of the minor arises or is acquired, a settlement shall be deemed to have been made by the intestate or by the person whose interest the minor has acquired.

  • (c)

    An estate or interest not disposed of by a settlement and remaining in or reverting to the settlor, or any person deriving title under the settlor, is for the purposes of this Act an estate or interest comprised in the subject of the settlement and coming to the settlor or such person under or by virtue of the settlement.

s 7: Am 1930 No 44, sec 3; 1942 No 1, sec 2 (1) (a); 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1970 No 60, First Sch; 1972 No 17, sec 3; 1981 No 123, Sch 8; 1985 No 142, Sch 1 (2); 1992 No 5, Sch 3 (1); 1992 No 55, Sch 2; 1997 No 152, Sch 2 [1]; 1998 No 54, Sch 1.6 [1]; 2001 No 34, Sch 2.7 [1]; 2006 No 80, Sch 3.5 [1]; 2007 No 82, Sch 1.2 [1]; 2009 No 49, Sch 2.15 [1] [2]; 2009 No 109, Sch 2.1 [1]; 2015 No 51, Sch 9.5 [1] [2]; 2016 No 46, Sch 4.2 [1]–[3]; 2017 No 17, Sch 4.19 [3]; 2025 No 50, Sch 1[3].

7ACurrent plan(1)

In this Act, current plan means a Crown plan or a registered plan, but does not include so much of a Crown plan or registered plan as is taken not to form part of a current plan because of subsection (2), (3) or (4).

(2)

So much of a Crown plan or registered plan as merely identifies—

  • (a)

    land that is proposed to be acquired, by agreement or compulsory process, under a provision of an Act (including a Commonwealth Act) that authorises the acquisition of the land by compulsory process, or

  • (b)

    the residue of land of which part is proposed to be so acquired,

is taken not to form part of a current plan until such time as the land is so acquired.

(3)

So much of a Crown plan or registered plan as merely identifies—

  • (a)

    land that is, or is proposed to be, leased (otherwise than for a period that, including the period of any option to renew, exceeds 5 years), or

  • (b)

    land the subject of a plan of subdivision for lease purposes (within the meaning of Division 3B or 3C of Part 2), or

  • (c)

    land the subject of a special purpose lease within the meaning of Division 5.7 of the Crown Land Management Act 2016,

is taken not to form part of a current plan.

(4)

So much of a Crown plan or registered plan as relates to land the subject of a later current plan (that is, a current plan that was filed or lodged with the Registrar-General after the Crown plan or registered plan was so lodged) is taken not to form part of a current plan.

s 7A: Ins 1997 No 152, Sch 2 [2]. Am 1998 No 54, Sch 1.6 [2]; 2001 No 77, Sch 1 [1]; 2009 No 9, Sch 3.2 [1]; 2016 No 46, Sch 4.2 [4]; 2017 No 17, Sch 4.19 [4].

Part 2General rules affecting propertyDivision 1Rules of law upon certain points8

(Repealed)

s 8: Rep 1930 No 44, sec 4 (a).

9Equitable waste

An estate for life without impeachment of waste shall not confer, or be deemed to have conferred, upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right expressly appears by the instrument creating such estate.

10Merger

There shall not, after the commencement of this Act, be held or deemed to be any merger by operation of law only of any estate, the beneficial interest in which would not be deemed to be merged or extinguished in equity, and this provision shall apply to any merger by operation of law only arising before or after the commencement of this Act.

11Mortgagor

A mortgagor entitled for the time being to the possession of any land as to which no notice of the mortgagee’s intention to take possession, or to enter into the receipt of the rents and profits thereof, has been given by the mortgagee, may sue for such possession, or for the recovery of such rents or profits, or to prevent or recover damages in respect of any trespass or other wrong relative thereto, in the mortgagor’s own name only, unless the cause of action arises upon a lease or other contract made by the mortgagor jointly with any other person.

12Assignments of debts and choses in action

Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal chose in action, of which express notice in writing has been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be, and be deemed to have been effectual in law (subject to all equities which would have been entitled to priority over the right of the assignee if this Act had not passed) to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same without the concurrence of the assignor: Provided always that if the debtor, trustee, or other person liable in respect of such debt or chose in action has had notice that such assignment is disputed by the assignor or anyone claiming under the assignor, or of any other opposing or conflicting claims to such debt or chose in action, the debtor, trustee or other person liable shall be entitled, if he or she thinks fit, to call upon the several persons making claim thereto to interplead concerning the same, or he or she may, if he or she thinks fit, pay the same into court under and in conformity with the provisions of the Acts for the relief of trustees.

13Stipulations not of the essence of contracts

Stipulations in contracts, as to time or otherwise, which would not before the commencement of this Act have been deemed to be or to have become of the essence of such contracts in a court of equity, shall receive in all courts the same construction and effect as they would have heretofore received in such court.

Division 2Land14The immediate freehold of land to lie in grant as well as in livery

All land shall as regards the assurance of the immediate freehold thereof be deemed to lie in grant as well as in livery.

s 14: Am 1930 No 44, sec 4 (b).

15Creation of certain estate in chattels real

Any estate or interest that can be created by will in any chattel real may also be created by deed.

16When contingent remainders capable of taking effect(1)

A contingent remainder existing at any time after the commencement of this Act shall be capable of taking effect notwithstanding the want of a particular estate of freehold to support it in the same manner as it would take effect if it were a contingent remainder of an equitable estate supported by an outstanding legal estate in fee simple.

(2)

A contingent remainder or a contingent interest lying between two estates vested in the same person shall prevent the merger of those two estates.

17Rule in Shelley’s case excluded in certain cases

Where in an instrument coming into operation after the commencement of this Act a remainder is limited mediately or immediately to the heirs or heirs of the body of a person to whom an estate for any life in the same premises is expressly given, the estate of such person shall be confined to an estate for the life mentioned with a remainder to the person’s heirs or heirs of the person’s body as purchasers.

18Release of part of land from rent charge not to extinguish whole charge

The release from a rent charge of part of the land charged therewith shall not extinguish the whole rent charge, but shall operate only to bar the right to recover any part of the rent charge out of the land released without prejudice nevertheless to the rights of all persons interested in the land remaining unreleased and not concurring in or confirming the release.

19Limitations of estates tail to pass the fee simple(1)

In any instrument coming into operation after the commencement of this Act a limitation which, if this section had not passed, would have created an estate tail (legal or equitable) in any land in favour of any person shall be deemed to create an estate in fee simple (legal or equitable as the case may be) in such land in favour of such person to the exclusion of all estates or interests limited to take effect after the determination or in defeasance of any such estate tail.

(2)
  • (a)

    Where at the commencement of this Act any person is entitled to an estate tail (legal or equitable) and whether in possession, reversion, or remainder, in any land, such person, save as is hereinafter mentioned, shall be deemed to be entitled to an estate in fee simple (legal or equitable, as the case may be) in such land, to the exclusion of all estates or interests limited to take effect after the determination or in defeasance of any such estate tail.

  • (b)

    Where any such person is an infant and such land for any estate or interest would pass to any other person in the event of the death of the infant under the age of twenty-one years and without issue, then in such case the infant shall be deemed to take an estate in fee simple with an executory limitation over of such estate or interest on the happening of such event in favour of such other person.

  • (c)

    This subsection does not apply in respect of a person under mental disability.

  • (d)

    In this subsection the expression estate tail includes that estate in fee into which an estate tail is converted where the issue in tail are barred, but persons claiming estates by way of remainder or otherwise are not barred; also an estate in fee voidable or determinable by the entry of the issue in tail; but does not include the estate of a tenant in tail after possibility of issue extinct.

(3)

This section applies to land under the provisions of the Real Property Act 1900, and the Registrar-General is hereby authorised on application in the form approved under that Act to make all such recordings in the Register kept under that Act as may be necessary to give effect thereto.

s 19: Am 1976 No 84, Sch 5 (1) (2) (3).

19AEstates tail—further provisions(1)

Where at or after the first day of January one thousand nine hundred and seventy-one any person is entitled, or would, but for section 19, be entitled, to an estate tail (legal or equitable) and whether in possession, reversion, or remainder, in any land, such person shall be deemed to be entitled to an estate in fee simple (legal or equitable, as the case may be) in such land, to the exclusion of all estates or interests limited to take effect after the determination or in defeasance of any such estate tail and to the exclusion of all estates or interests in reversion on any such estate tail.

(2)

In this section the expression estate tail includes that estate in fee into which an estate tail is converted where the issue in tail are barred, but persons claiming estates by way of remainder or otherwise are not barred also an estate in fee voidable or determinable by the entry of the issue in tail; but does not include the estate of a tenant in tail after possibility of issue extinct.

(3)

This section applies to land under the provisions of the Real Property Act 1900, and the Registrar-General is hereby authorised on application in the form approved under that Act to make all such recordings in the Register kept under that Act as may be necessary to give effect thereto.

s 19A: Ins 1969 No 31, sec 4 (4). Am 1972 No 17, sec 4 (a); 1984 No 20, Sch 2 (3).

20

(Repealed)

s 20: Rep 1930 No 44, sec 4 (c).

21Dower abolished

No widow shall become entitled, nor on or after the fifteenth day of December, one thousand eight hundred and ninety (being the day of the passing of the Probate Act of 1890), shall any widow be deemed to have become entitled to dower out of any land or out of any estate or interest in the same.

22No assurance to have tortious operation

No assurance of any land hereafter made shall be deemed to have a tortious operation.

23Dealings with land of undischarged bankrupt(1)

All transactions by a bankrupt with any bona fide purchaser in respect of any land acquired by the bankrupt after a sequestration order has been made, and whether with or without notice of the bankruptcy, shall, if completed before any intervention by the official assignee of the estate of the bankrupt, be valid against the official assignee, and any estate or interest in such land which by virtue of the Bankruptcy Act 1898, or any Act relating to insolvency, is vested in the official assignee, shall determine and pass in such manner and to such extent as may be required for giving effect to any such transaction.

(2)

This section shall apply to transactions with respect to land completed before the commencement of this Act in any case where there has not been any intervention by the official assignee before that date.

(2A)
  • (a)

    After the expiration, whether before or after the commencement of the Conveyancing (Amendment) Act 1930, of twenty years after—

    • (i)

      the date of the sequestration of the estate of a bankrupt under any Act relating to bankruptcy, or

    • (ii)

      the execution of an assignment for the benefit of the creditors of the assignor,

    no action, suit, or other proceeding instituted by the official assignee or the trustee of the assignment for the recovery of land which by any such Act or by the assignment was vested in the official assignee or the trustee of the assignment shall succeed against a purchaser from the bankrupt or assignor, or under a sale in execution, or against a successor in title of such purchaser.

  • (b)

    This subsection shall not apply where the official assignee or trustee of the assignment was in actual possession of the land at the time of the purchase.

  • (c)

    This subsection shall not apply where the land is under the provisions of the Real Property Act 1900.

(3)

The registration by the official assignee in the General Register of Deeds of a claim, or in the case of lands under the provisions of the Real Property Act 1900 the lodging of a caveat under that Act, shall be deemed to be a sufficient intervention.

(4)

An order affecting the title to any land (not being land under the provisions of the Real Property Act 1900) made under the Bankruptcy Act 1898, is void as against a person who, after the commencement of the Conveyancing (Amendment) Act 1972 and without notice of the order, purchases land from a person whose title to the land is affected by the order, unless the order is registered in the General Register of Deeds.

s 23: Am 1930 No 44, sec 4 (d); 1972 No 17, sec 4 (b); 1992 No 5, Sch 3 (2); 2025 No 50, Sch 1[4].

23AAbolition of the double possibility rule(1)

The rule of law prohibiting the limitation after a life interest to an unborn person of an interest in land to the unborn child or other issue of an unborn person is hereby abolished, but without prejudice to any other rule relating to perpetuities.

(2)

This section only applies to limitations or trusts created by an instrument coming into operation after the commencement of the Conveyancing (Amendment) Act 1930.

s 23A: Ins 1930 No 44, sec 4 (e).

Division 3Assurances of land

pt 2, div 3: Ins 1930 No 44, sec 5.

23BAssurances of land to be by deed(1)

No assurance of land shall be valid to pass an interest at law unless made by deed.

(2)

This section does not apply to—

  • (a)

    an acknowledgment under section 83 of the Probate and Administration Act 1898,

  • (b)

    a disclaimer made in accordance with any law relating to bankruptcy in force before or after the commencement of the Conveyancing (Amendment) Act 1972, or not required to be evidenced in writing,

  • (c)

    a surrender by operation of law, and a surrender which may, by law, be effected without writing,

  • (d)

    a lease or tenancy or other assurance not required by law to be made in writing,

  • (e)

    a vesting order,

  • (f)

    any other assurance taking effect under any Act or Commonwealth Act.

(3)

This section does not apply to land under the provisions of the Real Property Act 1900.

s 23B: Ins 1930 No 44, sec 5. Am 1972 No 17, sec 4 (c); 2006 No 80, Sch 3.5 [2].

23CInstruments required to be in writing(1)

Subject to the provisions of this Act with respect to the creation of interests in land by parol—

  • (a)

    no interest in land can be created or disposed of except by writing signed by the person creating or conveying the same, or by the person’s agent thereunto lawfully authorised in writing, or by will, or by operation of law,

  • (b)

    a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust or by the person’s will,

  • (c)

    a disposition of an equitable interest or trust subsisting at the time of the disposition, must be in writing signed by the person disposing of the same or by the person’s will, or by the person’s agent thereunto lawfully authorised in writing.

(2)

This section does not affect the creation or operation of resulting, implied, or constructive trusts.

(3)

For the purposes of this section, a requirement for writing may be satisfied in electronic form and a requirement for writing to be signed may be satisfied by electronic signature.

s 23C: Ins 1930 No 44, sec 5. Am 2018 No 75, Sch 1 [2].

23DCreation of interests in land by parol(1)

All interests in land created by parol and not put in writing and signed by the person so creating the same, or by the person’s agent thereunto lawfully authorised in writing, shall have, notwithstanding any consideration having been given for the same, the force and effect of interests at will only.

(2)

Nothing in this section or in sections 23B or 23C shall affect the creation by parol of a lease at the best rent which can reasonably be obtained without taking a fine taking effect in possession for a term not exceeding three years, with or without a right for the lessee to extend the term at the best rent which can reasonably be obtained without taking a fine for any period which with the term would not exceed three years.

s 23D: Ins 1930 No 44, sec 5.

23ESavings in regard to secs 23B, 23C, 23D

Nothing in section 23B, 23C, or 23D shall—

  • (a)

    invalidate any disposition by will, or

  • (b)

    affect any interest validly created before the commencement of the Conveyancing (Amendment) Act 1930, or

  • (c)

    affect the right to acquire an interest in land by virtue of taking possession, or

  • (d)

    affect the operation of the law relating to part performance.

s 23E: Ins 1930 No 44, sec 5.

Division 3ATransactions with respect to existing lots

pt 2, div 3A: Ins 1997 No 152, Sch 2 [3].

23FCertain transactions to refer to lots shown on current plan(1)

This section applies to the following transactions—

  • (a)

    the conveyance or transfer of part of an existing lot,

  • (b)

    the lease of part of an existing lot,

  • (c)

    the mortgage of part of an existing lot,

  • (d)

    the partition of an existing lot.

(2)

The Registrar-General may refuse to register a transaction to which this section applies unless—

  • (a)

    the land to which the transaction relates is shown on a current plan, and

  • (b)

    the boundaries of each part into which the land is divided as a result of the transaction follow the boundaries of an existing lot.

(3)

This section does not apply to an agreement with respect to land the subject of—

  • (a)

    a proposed plan of subdivision, a proposed plan of consolidation or a proposed plan of identification within the meaning of section 195, or

  • (b)

    a proposed strata plan, proposed strata plan of consolidation or proposed strata plan of subdivision within the meaning of the Strata Schemes Development Act 2015,

but the agreement is taken to be conditional on the registration of the proposed plan.

s 23F: Ins 1997 No 152, Sch 2 [3]. Am 2015 No 51, Sch 9.5 [3].

23GExceptions to sec 23F

Section 23F does not apply to the following transactions—

  • (a)

    a transaction that relates to the whole of the land comprised in a folio of the Register kept under the Real Property Act 1900,

  • (b)

    an application by the Crown to bring Crown land under the provisions of the Real Property Act 1900,

  • (b1)

    a transaction, initiated by the Crown, that redefines a boundary of Crown land that was brought under the provisions of the Real Property Act 1900 on the application of the Registrar-General under section 13D of that Act,

  • (c)

    a transaction that relates to the whole of the residue of land comprised in a folio of the Register kept under the Real Property Act 1900, where part only of the land is shown in a current plan,

  • (d)

    a transaction that comprises—

    • (i)

      the lease of part of an existing lot for a period that, including the period of any option to renew, does not exceed 5 years, or

    • (ii)

      the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created,

  • (e)

    a transaction that comprises—

    • (i)

      the lease of the whole or any part of a building, or

    • (ii)

      the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created,

  • (f)

    a transaction that relates to an existing lot that is owned by 2 or more persons in severalty, where—

    • (i)

      one of the owners disposes of his or her part of the lot to another owner, or

    • (ii)

      all of the owners of the lot dispose of the lot to some other person,

  • (g)

    a transaction that relates to part of an existing lot, where—

    • (i)

      that part (and no other part of the lot) is held by a person in his or her capacity as a trustee, administrator or executor of, or as a beneficiary of the estate of, an owner referred to in paragraph (f), and

    • (ii)

      the transaction relates to the whole of that part,

  • (h)

    a transaction that relates to part of an existing lot, where—

    • (i)

      the transaction is necessary to give effect to an order, direction or judgment of a court of competent jurisdiction, and

    • (ii)

      the person by whom the transaction is given effect to does not have power to give effect to such a transaction with respect to any other part of the lot,

  • (i)

    a transaction that relates to part of an existing lot, where—

    • (i)

      the transaction gives effect to a sale of land under a writ of execution, under Division 5 of Part 2 of Chapter 17 of the Local Government Act 1993, under the NSW Trustee and Guardian Act 2009 or under any power conferred by a Commonwealth Act, and

    • (ii)

      the person giving effect to the transaction does not have power to give effect to such a transaction with respect to any other part of the lot,

  • (j)

    a transaction that relates to part of an existing lot (not being land under the provisions of the Real Property Act 1900), where—

    • (i)

      a person in adverse possession of that part disposes of that part to some other person, and

    • (ii)

      the firstmentioned person does not have power to dispose of any other part of the existing lot,

  • (k)

    a transaction that relates to part of an existing lot, where the transaction conveys or transfers land to an Aboriginal Land Council in accordance with the requirements of the Aboriginal Land Rights Act 1983, the Native Title (New South Wales) Act 1994 or any other Act or law,

  • (l)

    a transaction that relates to the whole of the residue of an existing lot, where part of the lot—

    • (i)

      has been the subject of a transaction referred to in paragraph (h), (i), (j) or (k), or

    • (ii)

      has been acquired, by agreement or compulsory process, under a provision of an Act (including a Commonwealth Act) that authorises the acquisition of land by compulsory process, or

    • (iii)

      has been dedicated as a public road,

  • (m)

    a transaction that comprises—

    • (i)

      the lease or licence of part of an existing lot under an ARTC arrangement under Part 8A of the Transport Administration Act 1988, or

    • (ii)

      the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created,

  • (n)

    a transaction that comprises—

    • (i)

      the granting of a special purpose lease within the meaning of Division 5.7 of the Crown Land Management Act 2016, or

    • (ii)

      the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created,

  • (o)

    a transaction comprising the lease of part of association property within the meaning of the Community Land Development Act 2021.

s 23G: Ins 1997 No 152, Sch 2 [3]. Am 2004 No 31, Sch 2.1 [1]; 2009 No 9, Sch 3.2 [2]; 2009 No 17, Sch 2 [1]; 2009 No 49, Sch 2.15 [3]; 2017 No 17, Sch 4.19 [5]; 2021 No 6, Sch 5.2[1].

Division 3BSubdivisions to allow leases for caravan parks or mobile home estate purposes

pt 2, div 3B, hdg: Ins 1997 No 152, Sch 2 [3]. Subst 2001 No 77, Sch 1 [2].

23HDefinitions

In this Division, plan of subdivision for lease purposes means a plan of subdivision (within the meaning of section 195) of land within a caravan park or a manufactured home estate (within the meaning of the Local Government Act 1993) that is marked, in accordance with the regulations, so as to indicate that development consent to the subdivision has been granted under the Environmental Planning and Assessment Act 1979 subject to the condition that the subdivision is a subdivision for lease purposes.

s 23H: Ins 1997 No 152, Sch 2 [3].

23ITransactions(1)

The Registrar-General may refuse to register a transaction with respect to a lot in a plan of subdivision for lease purposes unless it comprises—

  • (a)

    the lease of the whole of the lot for a period that, including the period of any option to renew, does not exceed 20 years, or

  • (b)

    the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created.

(2)

This section does not apply to an agreement with respect to land the subject of a proposed plan of subdivision for lease purposes, but the agreement is taken to be conditional on the registration of the proposed plan.

s 23I: Ins 1997 No 152, Sch 2 [3].

Division 3CSubdivisions to allow leases for forestry purposes

pt 2, div 3C (ss 23J, 23K): Ins 2001 No 77, Sch 1 [3].

23JDefinition

In this Division, plan of subdivision for lease purposes means a plan of subdivision (within the meaning of section 195) that is marked, in accordance with the regulations, to indicate that development consent to the subdivision has been granted under the Environmental Planning and Assessment Act 1979 subject to the condition that the subdivision is a subdivision for forestry lease purposes.

pt 2, div 3C (ss 23J, 23K): Ins 2001 No 77, Sch 1 [3].

23KTransactions(1)

The Registrar-General may refuse to register a transaction with respect to a lot in a plan of subdivision for lease purposes unless it comprises—

  • (a)

    the lease of the whole of the lot for a period that, including the period of any option to renew, does not exceed 40 years, or

  • (b)

    the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created.

(2)

This section does not apply to an agreement with respect to land the subject of a proposed plan of subdivision for lease purposes, but the agreement is taken to be conditional on the registration of the proposed plan.

pt 2, div 3C (ss 23J, 23K): Ins 2001 No 77, Sch 1 [3].

Division 4Property generally

pt 2, div 4 (previously Div 3), hdg: Subst 1930 No 44, sec 6 (a).

24Person may assure property to himself or herself, or to himself or herself and others

A person may assure property to himself or herself, or to himself or herself and others.

s 24: Subst 1930 No 44, sec 6 (b).

25Power for corporations to hold property as joint tenants(1)

A body corporate shall be capable of acquiring and holding any property in joint tenancy in the same manner as if it were an individual, and where a body corporate and an individual or two or more bodies corporate become entitled to any property under circumstances or by virtue of any instrument which would, if the body corporate had been an individual, have created a joint tenancy they shall be entitled to the property as joint tenants—

Provided that the acquisition and holding of property by a body corporate in joint tenancy shall be subject to the like conditions and restrictions as attach to the acquisition and holding of property by a body corporate in severalty.

(2)

Where a body corporate is a joint tenant of any property, then on its dissolution the property shall devolve on the other joint tenant.

26Construction of conveyance etc of any property beneficially to two or more persons together(1)

In the construction of any instrument coming into operation after the commencement of this Act a disposition of the beneficial interest in any property whether with or without the legal estate to or for two or more persons together beneficially shall be deemed to be made to or for them as tenants in common, and not as joint tenants.

(2)

This section does not apply to persons who by the terms or by the tenor of the instrument are executors, administrators, trustees, or mortgagees, nor in any case where the instrument expressly provides that persons are to take as joint tenants or tenant by entireties.

s 26: Am 1984 No 20, Sch 2 (4).

27Tenants in common of equitable estate acquiring the legal estate

Where two or more persons entitled beneficially as tenants in common to an equitable estate in any property are or become entitled in their own right whether as joint tenants or tenants in common to the legal estate in such property equal to and co-extensive with such equitable estate both the legal and equitable estates shall be held by them as tenants in common unless such persons otherwise agree.

28Release and disclaimer of powers(1)

A person to whom is given any power (other than a power coupled with a duty), whether coupled with an interest or not, may by deed release or contract not to exercise the power.

(2)

Any such person as aforesaid may by deed disclaim any such power, and after such disclaimer shall not be capable of exercising or joining in the exercise of the power.

(3)

On such disclaimer the power may be exercised by the other or others, or the survivors or survivor of the others, of the persons to whom the power is given, unless the contrary is expressed in the instrument creating the power.

(4)

This section applies to powers created by instruments coming into operation either before or after the commencement of this Act.

(5)

Where any such power is exercisable by a dealing to be registered under the Real Property Act 1900, the power may be released or disclaimed by a dealing in the form approved under that Act and such a dealing may be registered under that Act.

s 28: Am 1972 No 17, sec 4 (d).

29Appointments to be valid notwithstanding one or more objects excluded(1)

No appointment in exercise of any power to appoint any property amongst several objects shall be invalid on the ground that any object of the power has been altogether excluded, but every such appointment shall be valid and effectual notwithstanding that any one or more of the objects do not by such appointment or in default of appointment take a share or shares of the property.

(2)

Nothing in this section shall prejudice or affect any provision in any instrument creating any power which declares the amount of the share or shares from which no object of the power shall be excluded, or some one or more object or objects shall not be excluded.

(3)

This section applies to appointments made after the commencement of this Act in exercise of powers created before or after the commencement of this Act.

29AProtection of purchasers claiming under certain void appointments(1)

An instrument purporting to exercise a legal or equitable power of appointment over property, which, in default of and subject to any appointment, is limited to or held in trust for a class or number of persons including the appointee, shall not be void on the ground of fraud on the power as against a purchaser in good faith—

Provided that, if the interest appointed exceeds in amount or value the interest in such property to which immediately before the execution of the instrument the appointee was presumptively entitled under the trust in default of appointment, having regard to any advances made in the appointee’s favour and to any hotchpot provision, the protection afforded by this section to a purchaser shall not extend to such excess.

(2)

In this section a purchaser in good faith means a person dealing with an appointee for valuable consideration and without notice of the fraud, or of any circumstances from which, if reasonable inquiries had been made, the fraud might have been discovered.

(3)

A successor in title to a purchaser entitled to the benefit of this section shall be entitled to the like benefit.

(4)

This section applies only to dealings effected after the commencement of the Conveyancing (Amendment) Act 1930, but applies to powers created or arising either before or after such commencement.

(5)

This section as amended by the Minors (Property and Contracts) Act 1970 applies only to dealings effected after the commencement of that Act, but applies to powers created or arising either before or after such commencement.

s 29A: Ins 1930 No 44, sec 7 (a). Am 1970 No 60, First Sch.

29BRestrictions on executory limitations(1)

Where there is a person entitled to—

  • (a)

    land for an estate in fee simple or for any less estate or interest, or

  • (b)

    any other property,

with an executory limitation over on default or failure of all or any of the person’s issue, whether within or at any specified period of time or not, that executory limitation shall be or become void and incapable of taking effect, if and as soon as there is living any issue who has attained the age of eighteen years of the class on default or failure whereof the limitation over was to take effect.

(2)

This section applies where the executory limitation is contained in an instrument coming into operation after the first day of July one thousand nine hundred and twenty save that, as regards instruments coming into operation before the commencement of the Conveyancing (Amendment) Act 1930 it only applies to limitations of land for an estate in fee, or for a term of years absolute or determinable on life, or for a term of life.

(3)

This section as amended by the Minors (Property and Contracts) Act 1970 applies where the executory limitation is contained in an instrument coming into operation after the commencement of that Act.

s 29B: Ins 1930 No 44, sec 7 (a). Am 1970 No 60, First Sch.

29CRestrictions on operation of conditions of forfeiture(1)

Where there is a person entitled to income (including an annuity or other periodical income) or any other property, subject to a condition of forfeiture on alienation, whether voluntary or involuntary, and whether with or without words of futurity, then—

  • (a)

    unless the instrument containing the condition expressly provides to the contrary, no alienation, whether by way of charge or otherwise, of the income or other property, made or occurring before the person becomes entitled to receive payment of the income, or to call for a conveyance or delivery of the other property, shall operate to create forfeiture under the condition unless the alienation is in operation at the time the person becomes so entitled,

  • (b)

    notwithstanding any stipulation to the contrary in the instrument containing the condition no voluntary alienation made by the person, with the sanction of the court, shall operate to create forfeiture under the condition.

(2)

This section applies where the condition of forfeiture is contained in an instrument executed, made, or coming into operation before or after the commencement of the Conveyancing (Amendment) Act 1930, but only in cases where such person becomes entitled to receive payment of the income, or to call for an assurance or delivery of the other property, or, where the alienation with the sanction of the court is made after such commencement.

s 29C: Ins 1930 No 44, sec 7 (a).

30Notice of severance of joint tenancy(1)

A person who unilaterally severs, or causes the severance of, a joint tenancy in land to which the Real Property Act 1900 does not apply must give notice of the severance to all joint tenants in the joint tenancy as soon as practicable after the joint tenancy has been severed.

(2)

The notice is to be given in a form approved by the Registrar-General.

(3)

Failure to give notice as required by and in accordance with this section does not invalidate or otherwise affect the severance of the joint tenancy.

s 30: Rep 1930 No 44, sec 7 (b). Ins 1997 No 95, Sch 2 [1].

31, 31A

(Repealed)

s 31: Am 1970 No 60, First Sch; 1972 No 17, sec 4 (e). Rep 1984 No 43, Sch 1.

s 31A: Ins 1930 No 44, sec 8. Am 1970 No 60, First Sch. Rep 1984 No 43, Sch 1.

32Vesting in executor or administrator de bonis non(1)

Where, upon the death of an executor or administrator, administration of the estate remaining unadministered is granted, such estate shall, upon the grant, vest as from the death of such executor or administrator, in the person to whom the grant is made.

(2)

Where in the case of a person dying on or after the fifteenth day of December, one thousand eight hundred and ninety (being the day of the passing of the Probate Act of 1890), administration of the estate remaining unadministered has been granted prior to the commencement of this Act, a conveyance by the person to whom the grant was made shall be deemed to be and to have been effectual to pass any legal estate in the property conveyed which was vested in the deceased executor or administrator at the time of his or her death.

33Meaning of heir, next of kin, or statutory next of kin of any person(1)

Where, under the terms of any will coming into operation, or of any instrument (other than a will) made, after the commencement of section 3 of the Conveyancing (Amendment) Act 1977, any property would, but for this section, vest in—

  • (a)

    the heirs of a person,

  • (b)

    the next of kin of a person, or

  • (c)

    the next of kin of a person to be determined in accordance with the Probate and Administration Act 1898,

the provisions of the applicable intestacy rules shall, subject to subsection (2), apply in respect of that property in the same way as those provisions would apply if that person had died intestate as to that property.

(2)

Subsection (1) applies only if and so far as a contrary or another intention is not expressed in the will or other instrument and shall have effect subject to the provisions of the will or other instrument.

(3)

Where, under the terms of any will coming into operation, or of any instrument (other than a will) made, before the commencement of section 3 of the Conveyancing (Amendment) Act 1977, any property would, but for this subsection, vest in—

  • (a)

    the heirs of a person,

  • (b)

    the next of kin of a person, or

  • (c)

    the next of kin of a person to be determined in accordance with the Probate and Administration Act 1898,

that property shall vest in the persons in whom it would have vested if that section had not commenced.

(4)

In subsection (1)—

applicable intestacy rules means—

  • (a)

    for a will coming into operation, or an instrument made, before the repeal of Division 2A of Part 2 of the Probate and Administration Act 1898—that Division as in force immediately before its repeal, and

  • (b)

    for a will coming into operation, or an instrument made, after the repeal of that Division—Chapter 4 (Intestacy) of the Succession Act 2006.

s 33: Am 1954 No 40, sec 2 (3). Subst 1977 No 118, sec 3. Am 2006 No 80, Sch 3.5 [3]; 2009 No 29, Sch 2.2 [1] [2].

34Meaning of heir (male or female) or heirs (male or female) of the body of any person(1)

Where under the terms of any instrument coming into operation after the commencement of this Act any property vests in—

  • (a)

    the heir or heirs of the body of any person, or

  • (b)

    the heir or heirs male, or the heir or heirs male of the body of any person, or

  • (c)

    the heir or heirs female, or the heir or heirs female of the body of any person,

the property shall vest as follows—

  • In case (a) in the issue of such person as tenants in common per stirpes,

  • in case (b) in the sons and issue of sons of such person as tenants in common per stirpes, and

  • in case (c) in the daughters and the issue of daughters of such person as tenants in common per stirpes.

(2)

This section applies only if and as far as a contrary or other intention is not expressed in the instrument, and shall have effect subject to the terms of the instrument and to the provisions therein contained.

35Presumption of survivorship

In all cases where two or more persons have died under circumstances rendering it uncertain which of them survived, the deaths shall for all purposes affecting the title to any property be presumed to have taken place in order of seniority, and the younger be deemed to have survived the elder.

36

(Repealed)

s 36: Rep 1984 No 43, Sch 1.

36APower to direct division of chattels

Where any chattels belong to persons jointly or in undivided shares, the persons interested to the extent of a moiety or upwards may apply to the court for an order for division of the chattels or any of them, according to a valuation or otherwise, and the court may make such order and give any consequential directions as it thinks fit.

s 36A: Ins 1930 No 44, sec 9.

36BContingent and future interests to carry the intermediate income

Where under an instrument other than a will coming into operation after the commencement of the Conveyancing (Amendment) Act 1930 property stands limited to a person for a contingent or future interest, or stands limited to trustees upon trust for a person whose interest is contingent or executory, such interest shall, subject to the statutory provisions relating to accumulations, carry the intermediate income of that property from the time when the instrument comes into operation, except so far as such income or any part thereof may be otherwise expressly disposed of.

s 36B: Ins 1930 No 44, sec 9. Rep 2006 No 80, Sch 3.5 [3A] (am 2007 No 82, Sch 1.23 [22]). Ins 2008 No 75, Sch 2.1 [1].

36CPersons taking who are not parties(1)

A person may take an immediate or other interest in land or other property, or the benefit of any condition, right of entry, covenant, or agreement over or respecting land or other property, although the person may not be named as a party to the assurance or other instrument.

(2)

Such person may sue, and shall be entitled to all rights and remedies in respect thereof as if he or she had been named as a party to the assurance or other instrument.

s 36C: Ins 1930 No 44, sec 9.

36DProvisions as to supplemental instruments

Any instrument (whether executed before or after the commencement of the Conveyancing (Amendment) Act 1930) expressed to be supplemental to a previous instrument, shall, as far as may be, be read and have effect as if the supplemental instrument contained a full recital of the previous instrument, but this section shall not operate to give any right to an abstract or production of any such previous instrument, and a purchaser may accept the same evidence that the previous instrument does not affect the title as if it had merely been mentioned in the supplemental instrument.

s 36D: Ins 1930 No 44, sec 9.

37

(Repealed)

s 37: Rep 2006 No 80, Sch 3.5 [4].

Division 5Voidable dispositions

pt 2, div 5: Ins 1930 No 44, sec 10.

37AVoluntary alienation to defraud creditors voidable(1)

Save as provided in this section, every alienation of property, made whether before or after the commencement of the Conveyancing (Amendment) Act 1930, with intent to defraud creditors, shall be voidable at the instance of any person thereby prejudiced.

(2)

This section does not affect the law of bankruptcy for the time being in force.

(3)

This section does not extend to any estate or interest in property alienated to a purchaser in good faith not having, at the time of the alienation, notice of the intent to defraud creditors.

s 37A: Ins 1930 No 44, sec 10. Am 1984 No 20, Sch 2 (5).

37BVoluntary alienation of land how far voidable as against purchasers(1)

Every instrument (other than a will) which operates, or on registration would operate as a voluntary alienation of land, shall, if made with intent to defraud a subsequent purchaser, be voidable at the instance of a subsequent purchaser.

(2)

For the purposes of this section no such instrument (whether made before or after the commencement of the Conveyancing (Amendment) Act 1930) shall, if registered before a subsequent purchase, be deemed to have been made with intent to defraud by reason only of that purchase, or that the instrument was not made for valuable consideration.

s 37B: Ins 1930 No 44, sec 10.

37CAcquisitions of reversions at an under value(1)

No acquisition made in good faith, without fraud or unfair dealing, of any reversionary interest in real or personal property for money or money’s worth, shall be liable to be opened or set aside merely on the ground of under value.

In this subsection reversionary interest includes an expectancy or possibility.

(2)

This section does not affect the jurisdiction of the court to set aside or modify unconscionable bargains.

s 37C: Ins 1930 No 44, sec 10.

Division 637D

(Repealed)

pt 2, div 6 (s 37D): Ins 1938 No 30, sec 3 (a). Rep 1993 No 10, sec 27.

Part 3General rules relating to deedsDivision 1Deeds and their effect38Signature and attestation(1)

Every deed, whether or not affecting property, shall be signed as well as sealed, and shall be attested by at least one witness not being a party to the deed; but no particular form of words shall be requisite for the attestation.

(1A)

For the purposes of subsection (1), but without prejudice to any other method of signing, a deed is sufficiently signed by a person if—

  • (a)

    by the direction and in the presence of that person the deed is signed in the name of that person by another person,

  • (b)

    the signature is attested by a person who is not a party or signatory (except by way of attestation) to the deed, and

  • (c)

    the person attesting the signature certifies in his or her attestation that he or she is a prescribed witness and that the signature was affixed by the direction and in the presence of the person whose signature it purports to be.

(1B)

For the purposes of subsection (1) but without prejudice to any other method of signing, a deed is sufficiently signed by a person if—

  • (a)

    that person affixes his or her mark to the deed,

  • (b)

    the affixing of the mark is attested by a person who is not a party or signatory (except by way of attestation) to the deed, and

  • (c)

    the person attesting the affixing of the mark certifies in his or her attestation—

    • (i)

      that, before the mark was affixed, he or she explained the nature and effect of the deed to the person making the mark, and

    • (ii)

      that he or she believed, at the time the mark was affixed, that the person making the mark understood the explanation.

(2)

Indenting shall not be necessary in any case.

(3)

Every instrument expressed to be an indenture or a deed, or to be sealed, which is signed and attested in accordance with this section, shall be deemed to be sealed.

(4)

Every deed, executed and attested in accordance with this section may be proved in the same manner as a deed not required by law to be attested might have been proved heretofore.

(5)

Nothing in this section contained shall affect—

  • (a)

    the execution of deeds by corporations, or

  • (b)

    the provisions of section 184F(4), or

  • (c)

    any deed executed prior to the commencement of this Act.

s 38: Am 1976 No 84, Sch 1; 1984 No 20, Sch 1 (2).

38AElectronic form deeds(1)

A deed may be created in electronic form and electronically signed and attested.

(2)

Section 38(5)(a) does not limit the application of this section to the execution of deeds by corporations.

s 38A: Ins 2018 No 75, Sch 1 [3]. Am 2021 No 32, Sch 1.3[1] [2].

39Receipt in deed sufficient(1)

A receipt for consideration money or securities in the body of a deed shall be a sufficient discharge for the same to the person paying or delivering the same without any further receipt for the same being indorsed on the deed.

(2)

This section applies only to deeds executed after the commencement of this Act.

40Receipt in deed or indorsed evidence for subsequent purchaser(1)

A receipt for consideration money or other consideration in the body of a deed or indorsed thereon shall in favour of a subsequent purchaser not having notice that the money or other consideration thereby acknowledged to be received was not in fact paid or given wholly or in part be sufficient evidence of the payment or giving of the whole amount thereof.

(2)

This section applies to deeds executed or indorsements made before or after the commencement of this Act.

41Mode of exercise of powers(1)

Where a power of appointment by an instrument other than a will is exercised by deed, executed and attested in accordance with this Act, or in the case of a dealing under the Real Property Act 1900 in accordance with that Act, such deed or dealing shall, so far as respects the execution and attestation thereof, be a valid exercise of the power, notwithstanding that by the instrument creating the power some additional or other form of execution or attestation or solemnity is required.

(2)

This section applies to the exercise after the commencement of this Act of any such power created by an instrument coming into operation before or after the commencement of this Act.

s 41: Am 1972 No 17, sec 5.

Division 242

(Repealed)

pt 3, div 2, hdg: Rep 1930 No 44, sec 11 (a).

s 42: Rep 1930 No 44, sec 11 (a).

Division 3Operation of deed43Form of deed

A deed according to the form in the Second Schedule, or to the effect thereof, shall be effectual to pass any land for such estate as therein expressed.

44No use to result from absence of consideration(1)

No use shall be held to result merely from the absence of consideration in a conveyance of land as to which no uses or trusts are therein declared.

(2)

Every limitation which may be made by way of use operating under the Statute of Uses or this Act may be made by direct conveyance without the intervention of uses.

(2A)

A provision in any instrument executed, made, or coming into operation whether before or after the commencement of the Conveyancing (Amendment) Act 1930, directing or authorising land to be conveyed by way of use operating under the Statute of Uses may be given effect to by a direct conveyance without the intervention of uses.

(3)

This section applies only to deeds executed after the commencement of this Act.

s 44: Am 1930 No 44, sec 11 (b).

45Grant of easements etc by way of use(1)

A conveyance of freehold land to the use that any person may have, for an estate or interest not exceeding in duration the estate conveyed in the land, any easement, profit à prendre, right, liberty, or privilege in, or over, or with respect to that land, or any part thereof, shall operate to vest in possession in that person that easement, profit à prendre, right, liberty, or privilege, for the estate or interest expressed to be limited to him or her; and the person, and the persons deriving title under him or her, shall have, use, and enjoy the same accordingly.

(2)

This section applies only to conveyances made after the commencement of this Act.

s 45: Am 1987 No 242, Sch 1 (1).

45AReservation of easements etc in conveyances of land(1)

In a conveyance of land a reservation of any easement, profit à prendre, right, liberty, or privilege not exceeding in duration the estate conveyed in the land, shall operate without any execution of the conveyance by the grantee of the land out of which the reservation is made, or any regrant by the grantee, so as to create the easement, profit à prendre, right, liberty, or privilege, and so as to vest the same in possession in the person (whether being the grantor or not) for whose benefit the reservation is made.

(2)

This section applies only to reservations made after the commencement of the Conveyancing (Amendment) Act 1930.

s 45A: Ins 1930 No 44, sec 11 (c). Am 1987 No 242, Sch 1 (2).

46In conveyance use of word grant unnecessary

In a conveyance executed after the commencement of this Act it shall not be necessary in order to convey land to use the word grant, but any words heretofore proper to convey land, and any other words indicating an intention to convey land, shall be sufficient.

47Words of limitation in fee(1)

In a deed it shall be sufficient in the limitation of an estate in fee simple to use the words in fee or fee simple without the word heirs, or in the case of a corporation sole without the word successors, or to use the words in tail or in tail male or in tail female, without the words heirs of the body, or heirs male of the body, or heirs female of the body.

(2)

Where land is conveyed to or to the use of any person without words of limitation, such conveyance shall be construed to pass the fee simple or other the whole estate or interest the person conveying had power to dispose of by deed in such land unless a contrary intention appears by such conveyance.

(3)

This section applies only to deeds executed after the commencement of this Act.

48, 49

(Repealed)

s 48: Rep 1930 No 44, sec 11 (d).

s 49: Rep 1930 No 44, sec 11 (d).

50Rights of entry etc(1)

Every right of entry, contingent remainder, and every contingent or executory or future estate, right, or interest, or possibility coupled with an interest, in property, may be conveyed by deed.

(2)

Any conveyance of a present right of entry in any land, other than a conveyance to the person in possession thereof, and any covenant or agreement for, or promise of a conveyance (other than as aforesaid) of the same shall be void as against the person in possession or those claiming under him or her unless the person conveying or covenanting, agreeing, or promising to convey, or the person through whom he or she claims has been in possession of the land within twelve months from the date of the conveyance, covenant, agreement or promise.

(3)

Sections two and four of the Imperial Act thirty-two, Henry the Eighth, chapter nine (known as The Bill of Bracery and Buying of Titles), are hereby repealed so far as the same apply to New South Wales.

51

(Repealed)

s 51: Rep 1984 No 20, Sch 2 (6).

Division 4Corporation instruments

pt 3, div 4 (s 51A): Ins 1930 No 44, sec 12.

51AExecution of instruments by or on behalf of corporations(1)

In favour of a purchaser in good faith—

  • (a)

    a deed shall be deemed to have been duly executed by a corporation aggregate if its seal is affixed thereto in the presence of and attested by its clerk, secretary, or other permanent officer or his or her deputy, and a member of the board of directors, council, or other governing body of the corporation, and

  • (b)

    where a seal purporting to be the seal of a corporation has been affixed to a deed attested by persons purporting to be persons holding such offices as aforesaid, the deed shall be deemed to have been executed in accordance with the requirements of this section, and to have taken effect accordingly.

(2)

The board of directors, council, or other governing body of a corporation aggregate may, by resolution or otherwise, appoint an agent either generally or in any particular case, to execute on behalf of the corporation any agreement or other instrument not under seal in relation to any matter within the powers of the corporation or any registration copy of any instrument to which the corporation is a party.

(3)

Where a person is authorised under a power of attorney or under any statutory or other power to assure any property in the name or on behalf of a corporation sole or aggregate, the person may as attorney execute the assurance by signing his or her name in such way as to show that the person does so as attorney of the corporation in the presence of at least one witness, and in the case of a deed by executing the same in accordance with section 38, and such execution shall take effect and be valid in like manner as if the corporation had executed the assurance.

(4)

Where a corporation aggregate is authorised under a power of attorney or under any statutory or other power to assure any property in the name or on behalf of any other person (including another corporation), an officer appointed for that purpose, either generally or in the particular instance, by the board of directors, council, or other governing body of the corporation by resolution or otherwise, may execute the assurance in the name of such other person; and where an instrument is executed by an officer who purports to be so appointed, then in favour of a purchaser in good faith the instrument shall be deemed to have been executed by an officer duly authorised.

(5)

The foregoing provisions of this section apply to transactions wherever effected, but only to deeds and instruments executed after the commencement of the Conveyancing (Amendment) Act 1930, except that, in the case of a power or an appointment of an agent or officer, they apply whether the power was conferred or the appointment was made before or after such commencement or by this Act.

(6)

Notwithstanding anything contained in this section, any mode of execution or attestation authorised by law or by practice, or by the Act, charter, memorandum or articles, deed of settlement, or other instrument constituting the corporation or regulating the affairs thereof, shall (in addition to the modes authorised by this section) be as effectual as if this section had not been passed.

pt 3, div 4 (s 51A): Ins 1930 No 44, sec 12.

Part 4Sales and other transactionsDivision 1AApplication of Part

pt 4, div 1A, hdg: Ins 1999 No 31, Sch 5.22 [2].

52Application of Part 4 to land under Real Property Act 1900(1)

Divisions 1, 2, 3, and 4 shall not apply, but Divisions 5 and 6 shall apply and shall be deemed to have applied from the commencement of the Conveyancing (Amendment) Act 1930 to land under the provisions of the Real Property Act 1900, except where otherwise provided.

(2)

Divisions 7, 8, 9 and 10 shall apply to land under the provisions of the Real Property Act 1900.

s 52: Subst 1932 No 65, sec 2 (a). Am 1986 No 6, Sch 1 (1); 1990 No 21, Sch 1 (2); 2015 No 62, Sch 1 [1].

Division 1General provisions52AContracts for sale of land(1)

Except in so far as the regulations may otherwise provide, this section applies to contracts for the sale of any land, including land subject to the provisions of the Real Property Act 1900, the Crown Lands Consolidation Act 1913 or any other Act and irrespective of whether or not any such Act makes provision for or with respect to the conveyance or transfer of land.

(2)

A vendor under a contract for the sale of land—

  • (a)

    shall, before the contract is signed by or on behalf of the purchaser, attach to the contract such documents, or copies of such documents, as may be prescribed, and

  • (b)

    shall be deemed to have included in the contract such terms, conditions and warranties as may be prescribed.

(3)

Notwithstanding the provisions of any other Act (whether assented to before, on or after the commencement of the Conveyancing (Amendment) Act 1985) or any other law, where a vendor attaches to a contract for the sale of land a certificate or other document, or a copy of a certificate or other document, issued, on or before the date of the contract, to the vendor or to a person on the vendor’s behalf by a government department, a statutory authority, the council of a local government area or a prescribed person or body, being a document—

  • (a)

    which is, or a copy of which is, required to be attached to the contract pursuant to subsection (2)(a),

  • (b)

    which contains information consistent with the provisions of a term, condition or warranty prescribed as referred to in subsection (2)(b), or

  • (c)

    which contains information which has caused the vendor to make a specific disclosure in the contract in relation to any such term, condition or warranty,

the purchaser or a mortgagee of the purchaser shall have and may exercise, in relation to the certificate or document, the rights, powers and immunities that the purchaser or mortgagee would have had if the certificate or document had been issued to the purchaser or mortgagee.

(4)

Except in so far as the regulations may otherwise provide, a provision, whether in a contract for the sale of land or any other agreement—

  • (a)

    which purports to exclude, modify or restrict any provision of this section or a regulation made for the purposes of this section, or

  • (b)

    which would, but for this subsection, have the effect of excluding, modifying or restricting any such provision,

is void.

(5)

The regulations may provide that subsection (2) or any provision of that subsection shall not apply to or in respect of—

  • (a)

    a prescribed vendor or a vendor of a prescribed class or description,

  • (b)

    a prescribed contract or a contract of a prescribed class or description, or

  • (c)

    prescribed land or land of a prescribed class or description.

(6)

The regulations may make provision for or with respect to the remedies and relief available to a purchaser under a contract for the sale of land and the penalties which may be incurred by a vendor under such a contract—

  • (a)

    for any failure or refusal to comply with any of the provisions of this section, section 66ZM or the regulations made for the purposes of either of those sections, and

  • (b)

    for any breach of a term, condition or warranty deemed to be included in the contract under this section.

(7)

Without limiting the generality of subsection (6), the remedies and relief may include remedies and relief by way of rescission of the contract by the purchaser and the payment of compensation by the vendor.

(8)

The regulations may provide that a term, condition or warranty prescribed as referred to in subsection (2)(b) shall not merge in the transfer or conveyance on completion of the contract.

(9)

The regulations—

  • (a)

    may require the inclusion in contracts for the sale of land of terms, conditions and warranties prescribed as referred to in subsection (2)(b), and

  • (b)

    may require the attachment to contracts for the sale of land of notices or other documents.

(10)

This section binds the Crown.

s 52A: Ins 1985 No 142, Sch 1 (3). Am 1990 No 108, Sch 1; 2018 No 75, Sch 1[4] [5].

53Obligation to show title etc

In the completion of any contract made after the commencement of the Conveyancing (Amendment) Act 1930 for the purchase of land and subject to any stipulation to the contrary in the contract—

  • (1)

    Thirty years shall be substituted as the period of commencement of title which a purchaser may require in place of forty years, the present period of such commencement; nevertheless earlier title than thirty years may be required in cases similar to those in which earlier title than forty years might before the commencement of such Act have been required, and

  • (2)

    The obligations and rights of vendor and purchaser shall be regulated as follows—

    • (a)

      Recitals, statements, and descriptions of facts, matters, and parties contained in instruments or statutory declarations twenty years old at the date of the contract shall, unless and except so far as they are proved to be inaccurate, be taken to be sufficient evidence of the truth of such facts, matters, and descriptions; but no recital shall affect the period of commencement of title under the last preceding subsection.

    • (b)

      The inability of the vendor to furnish the purchaser with a legal covenant to produce and furnish copies of documents of title shall not be an objection to title where the purchaser will, on the completion of the contract, have an equitable right to the production of such document.

    • (c)

      Such covenant for production as the purchaser can and does require and the vendor is able to procure shall be furnished at the purchaser’s expense, but the vendor shall bear the expense of perusal and execution on behalf of and by himself or herself.

Date of commencement of Sch 2.7, 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285 of 13.7.2001.

No 75

Conveyancing Amendment (Rule in Pigot’s Case) Act 2001. Assented to 1.11.2001.

Date of commencement, assent, sec 2.

No 77

Land Titles Legislation Amendment Act 2001. Assented to 1.11.2001.

Date of commencement, 1.1.2002, sec 2 and GG No 190 of 14.12.2001, p 9832.

No 121

Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001.

Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978.

2002

No 2

Conveyancing Legislation Amendment (e-plan) Act 2002. Assented to 9.4.2002.

Date of commencement, 19.8.2002, sec 2 and GG No 130 of 16.8.2002, p 5931.

No 53

Statute Law (Miscellaneous Provisions) Act 2002. Assented to 4.7.2002.

Date of commencement of Sch 1.3, assent, sec 2 (2).

No 83

Surveying Act 2002. Assented to 29.10.2002.

Date of commencement, 25.6.2003, sec 2 and GG No 103 of 25.6.2003, p 5903.

No 138

Water Management Amendment Act 2002. Assented to 18.12.2002.

Date of commencement, 20.12.2002, sec 2 and GG No 263 of 20.12.2002, p 10753.

2003

No 53

Powers of Attorney Act 2003. Assented to 23.10.2003.

Date of commencement, 16.2.2004, sec 2 and GG No 35 of 13.2.2004, p 613.

2004

No 31

Transport Administration Amendment (New South Wales and Commonwealth Rail Agreement) Act 2004. Assented to 24.5.2004.

Date of commencement, 1.6.2004, sec 2 and GG No 91 of 28.5.2004, p 3223.

No 39

Water Management Amendment Act 2004. Assented to 24.6.2004.

Date of commencement, 1.7.2004, sec 2 and GG No 110 of 1.7.2004, p 5003.

No 91

Statute Law (Miscellaneous Provisions) Act (No 2) 2004. Assented to 10.12.2004.

Date of commencement of Sch 1.7, assent, sec 2 (2).

2005

No 64

Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005.

Date of commencement of Sch 2.9, assent, sec 2 (2).

No 68

Property Legislation Amendment Act 2005. Assented to 19.10.2005.

Date of commencement of Sch 2, 1.1.2006, sec 2 and GG No 157 of 16.12.2005, p 10880.

No 69

Security Interests in Goods Act 2005. Assented to 19.10.2005.

Date of commencement, 1.3.2006, sec 2 and GG No 13 of 27.1.2006, p 483.

2006

No 58

Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006.

Date of commencement of Sch 1.6, assent, sec 2 (2).

No 80

Succession Act 2006. Assented to 27.10.2006.

Date of commencement, 1.3.2008, sec 2 and GG No 16 of 15.2.2008, p 707. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007. Date of commencement of Sch 1, assent, sec 2 (2).

No 120

Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006.

Date of commencement of Sch 1, assent, sec 2 (2).

2007

No 27

Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007.

Date of commencement of Sch 1.11, 1.9.2007, Sch 1.11 and GG No 108 of 31.8.2007, p 6018.

No 82

Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007.

Date of commencement of Sch 1, assent, sec 2 (2).

No 94

Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007.

Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009.

2008

No 62

Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008.

Date of commencement of Sch 2.12, assent, sec 2 (2).

No 75

Succession Amendment (Family Provision) Act 2008. Assented to 28.10.2008.

Date of commencement of Sch 2.1, 1.3.2008, sec 2 (2).

No 114

Statute Law (Miscellaneous Provisions) Act (No 2) 2008. Assented to 10.12.2008.

Date of commencement of Sch 2.7, assent, sec 2 (2).

2009

No 9

Western Lands Amendment Act 2009. Assented to 7.4.2009.

Date of commencement of Sch 3, assent, sec 2 (1).

No 17

Real Property and Conveyancing Legislation Amendment Act 2009. Assented to 13.5.2009.

Date of commencement of Sch 2, Sch 2 [4] excepted, assent, sec 2 (1); date of commencement of Sch 2 [4], 1.11.2011, sec 2 (b) and 2011 (281) LW 10.6.2011.

No 29

Succession Amendment (Intestacy) Act 2009. Assented to 9.6.2009.

Date of commencement, 1.3.2010, sec 2 and 2010 (55) LW 26.2.2010.

No 49

NSW Trustee and Guardian Act 2009. Assented to 26.6.2009.

Date of commencement, 1.7.2009, sec 2 and 2009 (305) LW 1.7.2009.

No 56

Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009.

Date of commencement of Sch 3, 17.7.2009, sec 2 (1).

No 106

Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009.

Date of commencement of Sch 5, 8.1.2010, sec 2 (2).

No 109

Trustee Companies Amendment Act 2009. Assented to 14.12.2009.

Date of commencement of Sch 2.1, the day on which Sch 2 to the Corporations Legislation Amendment (Financial Services Modernisation) Act 2009 of the Commonwealth commences (ie 6.5.2010), sec 2 (1) and 2010 (146) LW 30.4.2010.

No 119

Surveying Amendment Act 2009. Assented to 14.12.2009.

Date of commencement, assent, sec 2.

2010

No 61

Commercial Arbitration Act 2010. Assented to 28.6.2010.

Date of commencement, 1.10.2010, sec 1B and 2010 (541) LW 24.9.2010.

No 57

Personal Property Securities Legislation Amendment Act 2010. Assented to 28.6.2010.

Date of commencement of Sch 1.3, 30.1.2012, sec 2 and 2011 (661) LW 16.12.2011.

No 119

Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010.

Date of commencement of Sch 1.7, 7.1.2011, sec 2 (2).

2011

No 27

Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011.

Date of commencement of Sch 4, 8.7.2011, sec 2 (2).

2013

No 47

Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013.

Date of commencement of Sch 1.10, 5.7.2013, sec 2 (1).

2014

No 5

Bail (Consequential Amendments) Act 2014. Assented to 12.3.2014.

Date of commencement, 20.5.2014, sec 2 and 2014 (235) LW 24.4.2014.

No 14

Courts and Other Legislation Amendment Act 2014. Assented to 20.5.2014.

Date of commencement of Sch 4.1, assent, sec 2 (1).

2015

No 7

Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015.

Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015.

No 24

Biosecurity Act 2015. Assented to 22.9.2015.

Date of commencement of Sch 8.10, 1.7.2017, sec 2 and 2017 (227) LW 2.6.2017.

No 48

Regulatory Reform and Other Legislative Repeals Act 2015. Assented to 5.11.2015.

Date of commencement of Sch 1, 1.3.2016, sec 2 (2) and 2015 (798) LW 18.12.2015.

No 50

Strata Schemes Management Act 2015. Assented to 5.11.2015.

Date of commencement of Sch 4, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016.

No 51

Strata Schemes Development Act 2015. Assented to 5.11.2015.

Date of commencement, 30.11.2016, sec 2 and 2016 (658) LW 4.11.2016.

No 62

Conveyancing Amendment (Sunset Clauses) Act 2015. Assented to 24.11.2015.

Date of commencement, assent, sec 2.

2016

No 27

Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016.

Date of commencement of Sch 1.8, 8.7.2016, sec 2 (1).

No 46

Land and Property Information NSW (Authorised Transaction) Act 2016. Assented to 28.9.2016.

Date of commencement of Sch 4, 19.5.2017, sec 2 (2) and 2017 (96) LW 24.3.2017.

2017

No 17

Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017.

Date of commencement of Sch 4.19, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018.

2018

No 68

Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018.

Date of commencement of Sch 2.9, 8.1.2019, sec 2 (1).

No 75

Conveyancing Legislation Amendment Act 2018. Assented to 22.11.2018.

Date of commencement of Sch 1 [1]–[3] [6] [7] [12]–[14] and [16]–[18], assent, sec 2 (2); date of commencement of Sch 1 [4] [5] [8]–[11] and [15], 1.12.2019, sec 2(1) and 2019 (512) LW 25.10.2019.

2021

No 6

Community Land Development Act 2021. Assented to 26.3.2021.

Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021.

No 10

Real Property Amendment (Certificates of Title) Act 2021. Assented to 24.5.2021.

Date of commencement of Sch 3, 11.10.2021, sec 2(1) and 2021 (476) LW 27.8.2021.

No 32

Customer Service Legislation Amendment Act 2021. Assented to 29.11.2021.

Date of commencement of Sch 1.3, assent, sec 2(1).

2023

No 35

Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023.

Date of commencement of Sch 1.8, assent, sec 2(c).

2025

No 48

Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025.

Date of commencement of Sch 3, assent, sec 2(e).

No 50

Conveyancing and Real Property Amendment Act 2025. Assented to 15.8.2025.

Date of commencement of Sch 1[1]–[12] [14] [15] and [31]–[47], assent, sec 2(b); date of commencement of Sch 1[13] and [16]–[30]: not in force.

This Act has also been amended pursuant to an order under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48 (formerly Acts Reprinting Act 1972). Order dated 7.5.1975 and published in GG No 66 of 9.5.1975, p 1812, declaring that—

  • (a)

    the Conveyancing Act 1919 is an enactment to which sec 8 (2) of the Acts Reprinting Act 1972 applies, and

  • (b)

    the Conveyancing Act 1919, Sch 4 excepted, is an enactment to which sec 9 (3) of the Acts Reprinting Act 1972 applies.

Table of amendments

No reference is made to certain amendments made by the Decimal Currency Act 1965, the Reprints Act 1972, and Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act (No 2) 1997.

Part 1A, heading

Ins 1999 No 31, Sch 5.22 [1].

Sec 1

Am 1984 No 20, Sch 2 (1).

Sec 2

Am 1930 No 44, sec 35; 1938 No 30, sec 3 (b); 1970 No 60, First Sch; 1972 No 17, sec 2 (a); 1978 No 61, Sch 1 (1); 1979 No 171, Sch 2 (1); 1983 No 26, Sch 1 (1); 1984 No 20, Schs 1 (1), 2 (2); 1984 No 53, sec 3. Rep 1985 No 231, Sch 3 (1).

Sec 6

Am 1972 No 17, sec 2 (b) (am 1984 No 153, Sch 16); 1973 No 81, Fourth Sch; 1985 No 142, Sch 1 (1); 1989 No 9, Sch 1; 1990 No 21, Sch 1 (1); 1992 No 29, Sch 5; 1999 No 42, Sch 3.3 [1]; 2017 No 17, Sch 4.19 [1] [2].

Sec 6A

Ins 2002 No 2, Sch 1 [1]. Am 2004 No 91, Sch 1.7 [1]; 2021 No 10, Sch 3.7[1]; 2023 No 35, Sch 1.8[1] [2]; 2025 No 50, Sch 1[1].

Sec 6B

Ins 2004 No 91, Sch 1.7 [2]. Subst 2025 No 50, Sch 1[2].

Sec 6C

Ins 2018 No 75, Sch 1 [1].

Sec 7

Am 1930 No 44, sec 3; 1942 No 1, sec 2 (1) (a); 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1970 No 60, First Sch; 1972 No 17, sec 3; 1981 No 123, Sch 8; 1985 No 142, Sch 1 (2); 1992 No 5, Sch 3 (1); 1992 No 55, Sch 2; 1997 No 152, Sch 2 [1]; 1998 No 54, Sch 1.6 [1]; 2001 No 34, Sch 2.7 [1]; 2006 No 80, Sch 3.5 [1]; 2007 No 82, Sch 1.2 [1]; 2009 No 49, Sch 2.15 [1] [2]; 2009 No 109, Sch 2.1 [1]; 2015 No 51, Sch 9.5 [1] [2]; 2016 No 46, Sch 4.2 [1]–[3]; 2017 No 17, Sch 4.19 [3]; 2025 No 50, Sch 1[3].

Sec 7A

Ins 1997 No 152, Sch 2 [2]. Am 1998 No 54, Sch 1.6 [2]; 2001 No 77, Sch 1 [1]; 2009 No 9, Sch 3.2 [1]; 2016 No 46, Sch 4.2 [4]; 2017 No 17, Sch 4.19 [4].

Sec 8

Rep 1930 No 44, sec 4 (a).

Sec 14

Am 1930 No 44, sec 4 (b).

Sec 19

Am 1976 No 84, Sch 5 (1) (2) (3).

Sec 19A

Ins 1969 No 31, sec 4 (4). Am 1972 No 17, sec 4 (a); 1984 No 20, Sch 2 (3).

Sec 20

Rep 1930 No 44, sec 4 (c).

Sec 23

Am 1930 No 44, sec 4 (d); 1972 No 17, sec 4 (b); 1992 No 5, Sch 3 (2); 2025 No 50, Sch 1[4].

Sec 23A

Ins 1930 No 44, sec 4 (e).

Part 2, Div 3

Ins 1930 No 44, sec 5.

Sec 23B

Ins 1930 No 44, sec 5. Am 1972 No 17, sec 4 (c); 2006 No 80, Sch 3.5 [2].

Sec 23C

Ins 1930 No 44, sec 5. Am 2018 No 75, Sch 1 [2].

Secs 23D, 23E

Ins 1930 No 44, sec 5.

Part 2, Div 3A

Ins 1997 No 152, Sch 2 [3].

Sec 23F

Ins 1997 No 152, Sch 2 [3]. Am 2015 No 51, Sch 9.5 [3].

Sec 23G

Ins 1997 No 152, Sch 2 [3]. Am 2004 No 31, Sch 2.1 [1]; 2009 No 9, Sch 3.2 [2]; 2009 No 17, Sch 2 [1]; 2009 No 49, Sch 2.15 [3]; 2017 No 17, Sch 4.19 [5]; 2021 No 6, Sch 5.2[1].

Part 2, Div 3B, heading

Ins 1997 No 152, Sch 2 [3]. Subst 2001 No 77, Sch 1 [2].

Secs 23H, 23I

Ins 1997 No 152, Sch 2 [3].

Part 2, Div 3C (secs 23J, 23K)

Ins 2001 No 77, Sch 1 [3].

Part 2, Div 4 (previously Div 3), heading

Subst 1930 No 44, sec 6 (a).

Sec 24

Subst 1930 No 44, sec 6 (b).

Sec 26

Am 1984 No 20, Sch 2 (4).

Sec 28

Am 1972 No 17, sec 4 (d).

Secs 29A, 29B

Ins 1930 No 44, sec 7 (a). Am 1970 No 60, First Sch.

Sec 29C

Ins 1930 No 44, sec 7 (a).

Sec 30

Rep 1930 No 44, sec 7 (b). Ins 1997 No 95, Sch 2 [1].

Sec 31

Am 1970 No 60, First Sch; 1972 No 17, sec 4 (e). Rep 1984 No 43, Sch 1.

Sec 31A

Ins 1930 No 44, sec 8. Am 1970 No 60, First Sch. Rep 1984 No 43, Sch 1.

Sec 33

Am 1954 No 40, sec 2 (3). Subst 1977 No 118, sec 3. Am 2006 No 80, Sch 3.5 [3]; 2009 No 29, Sch 2.2 [1] [2].

Sec 36

Rep 1984 No 43, Sch 1.

Sec 36A

Ins 1930 No 44, sec 9.

Sec 36B

Ins 1930 No 44, sec 9. Rep 2006 No 80, Sch 3.5 [3A] (am 2007 No 82, Sch 1.23 [22]). Ins 2008 No 75, Sch 2.1 [1].

Secs 36C, 36D

Ins 1930 No 44, sec 9.

Part 2, Div 5

Ins 1930 No 44, sec 10.

Sec 37

Rep 2006 No 80, Sch 3.5 [4].

Sec 37A

Ins 1930 No 44, sec 10. Am 1984 No 20, Sch 2 (5).

Secs 37B, 37C

Ins 1930 No 44, sec 10.

Part 2, Div 6 (sec 37D)

Ins 1938 No 30, sec 3 (a). Rep 1993 No 10, sec 27.

Sec 38

Am 1976 No 84, Sch 1; 1984 No 20, Sch 1 (2).

Sec 38A

Ins 2018 No 75, Sch 1 [3]. Am 2021 No 32, Sch 1.3[1] [2].

Sec 41

Am 1972 No 17, sec 5.

Part 3, Div 2, heading

Rep 1930 No 44, sec 11 (a).

Sec 42

Rep 1930 No 44, sec 11 (a).

Sec 44

Am 1930 No 44, sec 11 (b).

Sec 45

Am 1987 No 242, Sch 1 (1).

Sec 45A

Ins 1930 No 44, sec 11 (c). Am 1987 No 242, Sch 1 (2).

Secs 48, 49

Rep 1930 No 44, sec 11 (d).

Sec 51

Rep 1984 No 20, Sch 2 (6).

Part 3, Div 4 (sec 51A)

Ins 1930 No 44, sec 12.

Part 4, Div 1A, heading

Ins 1999 No 31, Sch 5.22 [2].

Sec 52

Subst 1932 No 65, sec 2 (a). Am 1986 No 6, Sch 1 (1); 1990 No 21, Sch 1 (2); 2015 No 62, Sch 1 [1].

Sec 52A

Ins 1985 No 142, Sch 1 (3). Am 1990 No 108, Sch 1; 2018 No 75, Sch 1[4] [5].

Sec 53

Am 1930 No 44, sec 13; 1972 No 17, sec 6 (a); 1992 No 55, Sch 2.

Sec 54A

Ins 1930 No 44, sec 14. Am 1932 No 65, sec 2 (b); 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 2018 No 75, Sch 1 [6].

Sec 54B

Ins 1997 No 17, Sch 1 [1].

Sec 55

Am 1930 No 44, sec 15 (a); 1970 No 52, Second Sch (am 1972 No 41, Second Sch).

Sec 57

Am 1972 No 17, sec 6 (b); 2016 No 46, Sch 4.2 [5]; 2021 No 10, Sch 3.7[2].

Sec 58

Am 1984 No 20, Sch 2 (7).

Sec 59

Am 1992 No 55, Sch 2.

Sec 61

Am 1932 No 65, sec 2 (c).

Sec 62

Am 1930 No 44, sec 15 (b). Rep 1972 No 17, sec 6 (c).

Sec 63

Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch).

Sec 64

Am 1972 No 17, sec 6 (d); 1976 No 84, Sch 5 (4); 1979 No 171, Sch 1 (1) (am 1984 No 153, Sch 16); 1984 No 20, Sch 2 (8); 2007 No 82, Sch 1.2 [2]; 2016 No 46, Sch 4.2 [6] [7]; 2018 No 75, Sch 1 [7].

Sec 65

Am 1930 No 44, sec 15 (c).

Sec 66

Am 1972 No 17, sec 6 (e).

Part 4, Div 5

Ins 1930 No 44, sec 16.

Sec 66A

Ins 1930 No 44, sec 16. Am 1970 No 60, First Sch; 1976 No 84, Sch 5 (5).

Secs 66B, 66C

Ins 1930 No 44, sec 16.

Sec 66D

Ins 1930 No 44, sec 16. Am 1970 No 60, First Sch; 1972 No 16, sec 6 (f).

Sec 66E

Ins 1930 No 44, sec 16.

Part 4, Div 6

Ins 1930 No 44, sec 17 (1).

Sec 66F

Ins 1930 No 44, sec 17 (1).

Sec 66G

Ins 1930 No 44, sec 17 (1). Am 1932 No 65, sec 2 (d); 1970 No 60, First Sch; 1972 No 17, sec 6 (g); 1997 No 95, Sch 2 [2].

Sec 66H

Ins 1930 No 44, sec 17 (1). Am 1970 No 60, First Sch.

Sec 66I

Ins 1930 No 44, sec 17 (1).

Part 4, Div 7 (secs 66J–66N)

Ins 1986 No 6, Sch 1 (2).

Sec 66O

Ins 1986 No 6, Sch 1 (2). Am 1988 No 131, Sch 29; 1996 No 139, Sch 2.8 [1] (am 1997 No 55, Sch 2.18 [1] [2]); 2015 No 51, Sch 9.5 [4].

Part 4, Div 8

Ins 1987 No 192, sec 3. Subst 1990 No 21, Sch 1 (3).

Sec 66P

Ins 1987 No 192, sec 3. Subst 1990 No 21, Sch 1 (3). Am 1992 No 55, Sch 2; 2009 No 56, Sch 3.2 [1] [2]; 2015 No 7, Sch 2.8; 2018 No 75, Sch 1[8]; 2025 No 48, Sch 3.4[1]; 2025 No 50, Sch 1[5].

Sec 66Q

Ins 1987 No 192, sec 3. Subst 1990 No 21, Sch 1 (3); 1996 No 139, Sch 2.8 [2] (am 1997 No 55, Sch 2.18 [1] [2]). Am 2015 No 51, Sch 9.5 [5].

Sec 66R

Ins 1987 No 192, sec 3. Subst 1990 No 21, Sch 1 (3). Am 2018 No 75, Sch 1[9]; 2025 No 50, Sch 1[6].

Sec 66S

Ins 1987 No 192, sec 3. Subst 1990 No 21, Sch 1 (3). Am 2018 No 75, Sch 1[10] [11].

Sec 66T

Ins 1987 No 192, sec 3. Subst 1990 No 21, Sch 1 (3). Am 2025 No 50, Sch 1[7].

Sec 66U

Ins 1987 No 192, sec 3. Subst 1990 No 21, Sch 1 (3). Am 2018 No 75, Sch 1 [12].

Sec 66V

Ins 1987 No 192, sec 3. Subst 1990 No 21, Sch 1 (3). Am 2013 No 47, Sch 1.10 [1].

Sec 66W

Ins 1987 No 192, sec 3. Subst 1990 No 21, Sch 1 (3). Am 2018 No 75, Sch 1 [13].

Sec 66X

Ins 1987 No 192, sec 3. Subst 1990 No 21, Sch 1 (3).

Sec 66Y

Ins 1987 No 192, sec 3. Subst 1990 No 21, Sch 1 (3). Am 2001 No 121, Sch 2.63 [1]; 2007 No 94, Sch 2; 2017 No 17, Sch 4.19 [6].

Part 4, Div 9, heading

Ins 1990 No 21, Sch 1 (3). Am 2025 No 50, Sch 1[8].

Part 4, Div 9

Ins 1990 No 21, Sch 1 (3).

Sec 66Z

Ins 1990 No 21, Sch 1 (3). Am 1992 No 55, Sch 2; 2009 No 56, Sch 3.2 [1] [2]; 2015 No 7, Sch 2.8; 2025 No 48, Sch 3.4[1]; 2025 No 50, Sch 1[9] [10].

Sec 66ZA

Ins 1990 No 21, Sch 1 (3). Am 1990 No 108, Sch 1; 2025 No 50, Sch 1[9].

Sec 66ZB

Ins 1990 No 21, Sch 1 (3). Am 2025 No 50, Sch 1[9].

Sec 66ZC

Ins 1990 No 21, Sch 1 (3). Am 2025 No 50, Sch 1[9].

Sec 66ZD

Ins 1990 No 21, Sch 1 (3). Am 2018 No 75, Sch 1 [12]; 2025 No 50, Sch 1[9].

Sec 66ZE

Ins 1990 No 21, Sch 1 (3). Am 2013 No 47, Sch 1.10 [1]; 2025 No 50, Sch 1[9].

Sec 66ZF

Ins 1990 No 21, Sch 1 (3). Am 2018 No 75, Sch 1 [13].

Sec 66ZG

Ins 1990 No 21, Sch 1 (3). Am 1997 No 17, Sch 1 [2]; 2018 No 75, Sch 1 [14]; 2025 No 50, Sch 1[11].

Sec 66ZH

Ins 1990 No 21, Sch 1 (3). Am 2025 No 50, Sch 1[9].

Sec 66ZI

Ins 1990 No 21, Sch 1 (3). Am 2025 No 50, Sch 1[9].

Sec 66ZJ

Ins 1990 No 21, Sch 1 (3). Am 2018 No 75, Sch 1 [12].

Sec 66ZK

Ins 1990 No 21, Sch 1 (3). Am 2017 No 17, Sch 4.19 [7].

Part 4, Div 10

Ins 2015 No 62, Sch 1 [2]. Subst 2018 No 75, Sch 1[15].

Sec 66ZL

Ins 2015 No 62, Sch 1 [2]. Subst 2018 No 75, Sch 1[15].

Secs 66ZM–66ZU

Ins 2018 No 75, Sch 1[15].

Sec 67

Am 1987 No 242, Sch 1 (3).

Part 6

Am 1999 No 31, Sch 5.22 [4] (each heading that is not a Div heading or a sec heading omitted).

Part 6, Div 1A, heading

Ins 1999 No 31, Sch 5.22 [3].

Sec 69

Am 1932 No 65, sec 3 (1) (a); 1992 No 5, Sch 3 (3).

Sec 70

Subst 1930 No 44, sec 18 (1) (a).

Sec 70A

Ins 1930 No 44, sec 18 (1) (a).

Sec 78

Am 1972 No 17, sec 7 (1) (a).

Sec 80

Am 1979 No 171, Sch 3 (1).

Sec 81

Am 1930 No 44, sec 18 (1) (b); 1979 No 171, Sch 3 (2).

Sec 82

Am 1930 No 44, sec 18 (1) (c); 1979 No 171, Sch 3 (3).

Sec 83

Am 1972 No 17, sec 7 (1) (b).

Sec 84

Am 1942 No 1, sec 2 (1) (b); 1979 No 171, Sch 3 (4); 1984 No 167, Sch 1; 2010 No 61, Sch 2.7 [1].

Sec 84A

Ins 1942 No 1, sec 2 (1) (c). Am 1984 No 167, Sch 1; 2010 No 61, Sch 2.7 [1].

Sec 85

Am 1972 No 63, Sch; 1979 No 171, Sch 3 (5); 1982 No 138, Sch 1; 1993 No 11, Sch 3; 2015 No 24, Sch 8.10.

Sec 86

Am 1930 No 44, sec 18 (1) (d); 1979 No 171, Sch 3 (6).

Sec 87

Am 1930 No 44, sec 18 (1) (e); 1979 No 171, Sch 3 (7).

Part 6, Div 4, heading

Ins 1930 No 44, sec 19 (a). Subst 1986 No 70, Sch 1 (1).

Sec 87A

Ins 1986 No 70, Sch 1 (2). Am 1987 No 242, Sch 1 (4); 1995 No 71, Sch 1 [1]; 1998 No 124, Sch 1 [1]–[3].

Sec 88

Subst 1930 No 44, sec 19 (b). Am 1964 No 15, sec 3 (a); 1972 No 17, sec 7 (1) (c); 1976 No 84, Sch 2 (1); 1979 No 171, Sch 1 (2); 1991 No 53, Sch 1; 1994 No 41, Sch 3; 1994 No 88, Sch 7; 1995 No 71, Sch 1 [2] [3]; 1995 No 95, Sch 4.5 [1]; 1996 No 56, Sch 2; 1997 No 17, Sch 1 [3]; 2016 No 46, Sch 4.2 [8]; 2025 No 50, Sch 1[12].

Sec 88AA

Ins 1987 No 242, Sch 1 (5).

Sec 88AB

Ins 1987 No 242, Sch 1 (5). Am 1998 No 124, Sch 1 [4].

Sec 88AC

Ins 1997 No 17, Sch 1 [4].

Sec 88A

Ins 1930 No 44, sec 19 (b). Am 1932 No 65, sec 3 (1) (b); 1964 No 15, sec 3 (b); 1979 No 171, Sch 2 (2); 1991 No 53, Sch 1; 1992 No 34, Sch 2; 1994 No 41, Sch 3; 1994 No 88, Sch 7; 1995 No 71, Sch 1 [4] [5]; 1995 No 95, Sch 4.5 [2]; 1996 No 56, Sch 2; 1997 No 17, Sch 1 [5]–[9]; 2004 No 31, Sch 2.1 [2].

Sec 88BA

Ins 1995 No 71, Sch 1 [6]. Am 1999 No 58, Sch 2.1 [1] [2].

Sec 88BB

Ins 1995 No 71, Sch 1 [6].

Sec 88B

Ins 1964 No 15, sec 3 (c). Am 1972 No 17, sec 7 (1) (d); 1976 No 84, Schs 2 (2)–(7), 5 (6); 1979 No 171, Schs 1 (3), 2 (3); 1986 No 150, Sch 2; 1986 No 218, Sch 5 (1); 1987 No 242, Sch 1 (6); 1993 No 33, Sch 1; 1995 No 71, Sch 1 [7]–[11]; 1997 No 17, Sch 1 [10] [11]; 1997 No 55, Sch 1.3 [1] [2]; 1999 No 58, Sch 2.1 [3] [4]; 2000 No 53, Sch 3.2 [1] [2]; 2016 No 46, Sch 4.2 [9] [10]; 2025 No 50, Sch 1[12] [14] [15].

Sec 88C

Ins 1972 No 17, sec 7 (1) (e). Am 1976 No 84, Sch 6.

Sec 88D

Ins 1972 No 17, sec 7 (1) (e). Am 1976 No 84, Sch 2 (8) (9); 1979 No 171, Schs 1 (4), 2 (4); 1984 No 20, Sch 1 (3); 1986 No 70, Schs 1 (3), 4 (1); 1987 No 242, Sch 1 (7); 2016 No 46, Sch 4.2 [11].

Sec 88E

Ins 1976 No 84, Sch 2 (10). Am 1979 No 171, Schs 1 (5), 2 (5); 1984 No 20, Sch 1 (4); 1986 No 70, Sch 1 (4); 1987 No 242, Sch 1 (8); 2016 No 46, Sch 4.2 [12] [13]; 2021 No 10, Sch 3.7[3] [4].

Sec 88EA

Ins 1987 No 242, Sch 1 (9). Am 2016 No 46, Sch 4.2 [14].

Sec 88F

Ins 1986 No 70, Sch 1 (5). Am 1987 No 242, Sch 1 (10); 1995 No 71, Sch 1 [12]; 1996 No 139, Sch 2.8 [3]; 2015 No 50, Sch 4.8 [1].

Sec 88G

Ins 1986 No 70, Sch 1 (5). Am 1986 No 218, Sch 5 (2); 1987 No 242, Sch 1 (11).

Sec 88H

Ins 1986 No 70, Sch 1 (5). Am 1996 No 139, Sch 2.8 [4]; 2015 No 50, Sch 4.8 [2].

Sec 88I

Ins 1986 No 70, Sch 1 (5). Am 1987 No 242, Sch 1 (12).

Sec 88J

Ins 1986 No 70, Sch 1 (5). Am 1987 No 242, Sch 1 (13); 2021 No 10, Sch 3.7[5] [6].

Sec 88K

Ins 1995 No 71, Sch 1 [13]. Am 1999 No 58, Sch 2.1 [5].

Sec 89

Subst 1930 No 44, sec 19 (b). Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1970 No 60, First Sch; 1972 No 17, sec 7 (1) (f); 1986 No 70, Sch 1 (6); 1992 No 57, Sch 1; 1995 No 11, Sch 1.27; 1996 No 30, Sch 1.12 [1]–[6]; 2009 No 17, Sch 2 [2] [3]; 2021 No 10, Sch 3.7[7].

Part 6, Div 5 (secs 89A–89C)

Ins 1992 No 5, Sch 3 (4).

Part 7, heading

Subst 1986 No 70, Sch 2 (1).

Sec 90

Subst 1986 No 70, Sch 2 (2).

Sec 91

Am 1930 No 44, sec 20 (a); 1972 No 17, sec 8 (a); 1991 No 27, Sch 2 (1).

Sec 96

Am 1992 No 55, Sch 2; 2016 No 46, Sch 4.2 [15]; 2021 No 10, Sch 3.7[8].

Sec 96A

Ins 1930 No 44, sec 20 (b). Am 1932 No 65, sec 3 (1) (c); 1938 No 30, sec 4 (a).

Sec 98

Am 1930 No 44, sec 20 (c); 1972 No 17, sec 8 (b); 1979 No 171, Sch 1 (6); 2005 No 68, Sch 2 [1] [2]; 2010 No 119, Sch 1.7; 2021 No 10, Sch 3.7[9].

Sec 99A

Ins 1986 No 70, Sch 2 (3). Am 2009 No 49, Sch 2.15 [4]; 2025 No 50, Sch 1[31].

Sec 100

Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1972 No 17, sec 8 (c); 1986 No 70, Sch 2 (4).

Sec 101

Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1972 No 17, sec 8 (d); 1986 No 70, Sch 2 (5).

Sec 102

Subst 1930 No 44, sec 20 (d).

Sec 103

Am 1986 No 70, Schs 2 (6), 4 (2).

Part 7, Div 2, heading

Subst 1986 No 70, Sch 2 (7).

Sec 105

Am 1972 No 17, sec 8 (e); 1979 No 171, Sch 3 (8). Subst 1986 No 70, Sch 2 (8).

Sec 106

Am 1932 No 65, sec 3 (1) (d); 1938 No 30, sec 4 (b); 1972 No 17, sec 8 (f); 1979 No 171, Sch 3 (9); 1984 No 20, Sch 1 (5); 1986 No 70, Sch 2 (9); 1992 No 34, Sch 2.

Sec 107

Am 1932 No 65, sec 3 (1) (e); 1938 No 30, sec 4 (c); 1972 No 17, sec 8 (g); 1986 No 70, Sch 2 (10).

Part 7, Div 3, heading

Subst 1986 No 70, Sch 2 (11).

Sec 108

Am 1979 No 171, Sch 3 (10). Subst 1986 No 70, Sch 2 (12).

Sec 109

Am 1976 No 84, Sch 3 (1) (am 1978 No 61, Sch 2 (1)) (2) (3); 1979 No 171, Sch 3 (11); 1986 No 70, Sch 2 (13); 1987 No 242, Sch 1 (14).

Sec 109A

Ins 1939 No 18, sec 2. Am 1972 No 17, sec 8 (h); 1979 No 171, Sch 3 (12); 1981 No 123, Sch 8; 1986 No 70, Schs 2 (14), 4 (3); 2001 No 34, Sch 2.7 [2].

Sec 110

Am 1972 No 17, sec 8 (i); 1979 No 171, Sch 3 (13); 1986 No 70, Sch 2 (15); 1987 No 242, Sch 1 (15).

Sec 111

Am 1976 No 84, Sch 3 (4) (5) (am 1978 No 61, Sch 2 (2) (am 1984 No 153, Sch 16)); 1979 No 171, Sch 3 (14); 1986 No 70, Sch 2 (16); 1987 No 280, sec 5.

Sec 111A

Ins 2009 No 17, Sch 2 [4].

Sec 112

Am 1979 No 171, Sch 3 (15); 1986 No 70, Sch 2 (17).

Sec 113

Am 1979 No 171, Sch 3 (16); 1986 No 70, Sch 2 (18).

Sec 114

Am 1986 No 70, Sch 2 (19).

Sec 115

Am 1932 No 65, sec 3 (1) (f) (g); 1938 No 30, sec 4 (d); 1972 No 17, sec 8 (j); 1978 No 61, Sch 1 (2); 1986 No 70, Sch 2 (20).

Sec 115A

Ins 1978 No 61, Sch 1 (3). Am 1979 No 171, Sch 3 (17); 1986 No 70, Sch 2 (21); 2004 No 39, Sch 7.2 [1].

Part 8, Div 1A, heading

Ins 1999 No 31, Sch 5.22 [5].

Sec 117

Am 1930 No 44, sec 20 (e).

Sec 120A

Ins 1930 No 44, sec 21.

Sec 128

Am 1930 No 44, sec 22 (a); 1972 No 17, sec 9 (a).

Sec 129

Am 1920 No 23, sec 2; 1930 No 44, sec 22 (b); 1932 No 65, sec 3 (1) (h); 1972 No 17, sec 9 (b); 1982 No 148, Sch 2 (am 1984 No 153, Sch 16); 2009 No 106, Sch 5.3.

Sec 130

Am 1930 No 44, sec 22 (c); 1970 No 52, Second Sch (am 1972 No 41, Second Sch).

Sec 131

Subst 1930 No 44, sec 22 (d). Am 1996 No 30, Sch 1.12 [7]; 2002 No 83, Sch 2.4 [1]; 2008 No 62, Sch 2.12; 2009 No 119, Sch 2.4; 2015 No 48, Sch 1.7 [1].

Sec 133

Am 1972 No 17, sec 9 (c).

Part 8, Div 3

Ins 1930 No 44, sec 23.

Sec 133A

Ins 1930 No 44, sec 23.

Sec 133B, heading

Rep 1984 No 20, Sch 2 (9).

Sec 133B

Ins 1930 No 44, sec 23. Am 1972 No 17, sec 9 (d).

Part 8, Div 4

Ins 1972 No 17, sec 9 (e).

Secs 133C, 133D

Ins 1972 No 17, sec 9 (e).

Sec 133E

Ins 1972 No 17, sec 9 (e). Subst 2001 No 77, Sch 1 [4].

Sec 133F

Ins 1972 No 17, sec 9 (e). Am 2001 No 77, Sch 1 [5].

Sec 133G

Ins 1972 No 17, sec 9 (e). Am 2001 No 77, Sch 1 [6].

Sec 134

Am 1996 No 96, Sch 1.2 (a).

Sec 137

Am 1970 No 60, First Sch.

Sec 142

Am 1972 No 17, sec 10; 1981 No 123, Sch 8; 2001 No 34, Sch 2.7 [3].

Sec 143, heading

Rep 1984 No 20, Sch 2 (10).

Sec 143

Rep 1964 No 7, sec 9 (2) (a).

Sec 144, heading

Rep 1984 No 20, Sch 2 (11).

Sec 145 and sub-heading

Subst 1930 No 44, sec 24.

Sec 146

Am 2002 No 53, Sch 1.3 [1].

Part 13A (sec 146A)

Ins 1985 No 231, Sch 3 (2).

Sec 147

Am 1930 No 44, sec 25.

Sec 148

Am 1996 No 96, Sch 1.2 (b) (c).

Secs 149, 150

Rep 1996 No 96, Sch 1.2 (c).

Sec 151

Am 1970 No 60, First Sch; 1984 No 20, Sch 2 (12). Rep 1996 No 96, Sch 1.2 (c).

Part 14A, heading

Am 1970 No 60, First Sch.

Part 14A

Ins 1930 No 44, sec 26.

Sec 151A

Ins 1930 No 44, sec 26. Am 1970 No 60, First Sch.

Sec 151B

Ins 1930 No 44, sec 26. Rep 1970 No 60, First Sch.

Sec 151C

Ins 1930 No 44, sec 26. Am 1970 No 60, First Sch.

Sec 151D

Ins 1930 No 44, sec 26. Am 1938 No 30, sec 4 (e); 1970 No 60, First Sch; 1984 No 20, Sch 2 (13).

Sec 152

Am 2006 No 80, Sch 3.5 [5].

Sec 153

Am 1930 No 44, sec 27 (a); 1938 No 30, sec 4 (f); 1970 No 52, Second Sch (am 1972 No 41, Second Sch).

Sec 154

Am 1930 No 44, sec 27 (b).

Sec 155

Am 2009 No 49, Sch 2.15 [4] [5]. Rep 2011 No 27, Sch 4.

Sec 157A, sub-heading

Ins 1930 No 44, sec 28. Rep 1999 No 31, Sch 5.22 [6].

Sec 157A

Ins 1930 No 44, sec 28. Am 1938 No 30, sec 4 (g); 1970 No 60, First Sch; 1972 No 17, sec 11; 1992 No 34, Sch 2; 1996 No 30, Sch 1.12 [8].

Part 16, heading

Subst 1983 No 26, Sch 1 (2). Rep 2003 No 53, Sch 4.1 [1].

Part 16, Div 1, heading

Ins 1983 No 26, Sch 1 (2). Rep 2003 No 53, Sch 4.1 [1].

Sec 158

Am 1920 No 23, sec 2; 1972 No 17, sec 12 (a). Subst 1983 No 26, Sch 1 (3). Rep 2003 No 53, Sch 4.1 [1].

Sec 159

Subst 1983 No 26, Sch 1 (3). Rep 2003 No 53, Sch 4.1 [1].

Sec 160

Am 1920 No 23, sec 2; 1930 No 44, sec 29 (a); 1932 No 65, sec 3 (1) (i); 1943 No 8, sec 2 (a); 1943 No 29, sec 2; 1972 No 17, sec 12 (b). Subst 1983 No 26, Sch 1 (3). Rep 2003 No 53, Sch 4.1 [1].

Sec 161

Am 1972 No 17, sec 12 (c). Subst 1983 No 26, Sch 1 (3). Rep 2003 No 53, Sch 4.1 [1].

Sec 162

Am 1972 No 17, sec 12 (d). Subst 1983 No 26, Sch 1 (3). Rep 2003 No 53, Sch 4.1 [1].

Sec 162A

Ins 1930 No 44, sec 29 (b). Subst 1983 No 26, Sch 1 (3). Am 1999 No 94, Sch 4.91 [1]. Rep 2003 No 53, Sch 4.1 [1].

Sec 162B

Ins 1983 No 26, Sch 1 (3). Rep 2003 No 53, Sch 4.1 [1].

Sec 163

Am 1930 No 44, sec 29 (c); 1983 No 26, Sch 1 (4). Rep 2003 No 53, Sch 4.1 [1].

Sec 163A

Ins 1983 No 26, Sch 1 (5). Am 1984 No 20, Sch 2 (14); 1999 No 94, Sch 4.91 [1]. Rep 2003 No 53, Sch 4.1 [1].

Sec 163B

Ins 1983 No 26, Sch 1 (5). Rep 2003 No 53, Sch 4.1 [1].

Part 16, Div 2, heading

Ins 1983 No 26, Sch 1 (6). Rep 2003 No 53, Sch 4.1 [1].

Secs 163C, 163D

Ins 1983 No 26, Sch 1 (6). Rep 2003 No 53, Sch 4.1 [1].

Sec 163E

Ins 1983 No 26, Sch 1 (6). Am 1986 No 16, Sch 23; 1996 No 121, Sch 2.7. Rep 2003 No 53, Sch 4.1 [1].

Secs 163F–163H

Ins 1983 No 26, Sch 1 (6). Rep 2003 No 53, Sch 4.1 [1].

Sec 164, heading

Rep 1984 No 20, Sch 2 (15).

Sec 164

Am 1927 No 56, sec 2 (1) (a); 1972 No 17, sec 13 (a); 1981 No 123, Sch 8; 2001 No 34, Sch 2.7 [4].

Sec 165

Subst 1930 No 44, sec 30 (1) (a). Am 2013 No 47, Sch 1.10 [2].

Sec 166

Rep 1941 No 67, sec 34 (3).

Sec 167

Am 1972 No 17, sec 13 (b). Rep 1974 No 27, sec 9 (1).

Sec 168

Am 1930 No 44, sec 30 (1) (b); 1953 No 4, sec 3; 1962 No 5, sec 3; 1972 No 17, sec 14 (a); 2014 No 14, Sch 4.1; 2016 No 46, Sch 4.2 [16].

Sec 168A

Ins 1941 No 21, sec 3. Am 1943 No 8, sec 2 (b); 1972 No 17, sec 14 (b).

Sec 169

Am 2005 No 64, Sch 2.9.

Sec 170

Am 1930 No 44, sec 30 (1) (c); 1972 No 17, sec 15; 1991 No 27, Sch 2 (2); 2018 No 75, Sch 1 [16]; 2025 No 48, Sch 3.4[2]; 2025 No 50, Sch 1[32] [33].

Sec 171

Subst 1970 No 52, Second Sch (am 1972 No 41, Second Sch).

Sec 172

Rep 1970 No 52, Second Sch (am 1972 No 41, Second Sch).

Sec 173

Am 1927 No 56, sec 2 (1) (b); 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1986 No 70, Sch 3.

Sec 174

Am 1992 No 57, Sch 1; 2007 No 94, Sch 2.

Sec 175

Am 1930 No 44, sec 30 (1) (d). Subst 1972 No 17, sec 16.

Sec 176

Am 1972 No 17, sec 17; 1992 No 55, Sch 2.

Sec 177

Rep 1930 No 44, sec 30 (1) (e). Ins 2000 No 12, Sch 1 [1].

Sec 177A

Ins 2002 No 53, Sch 1.3 [2].

Sec 179

Am 1923 No 15, sec 2.

Sec 180

Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch).

Sec 181

Subst 1930 No 44, sec 31 (a). Am 1970 No 60, First Sch; 1972 No 17, sec 18 (a).

Sec 181A

Ins 1930 No 44, sec 31 (a). Am 1932 No 65, sec 3 (1) (j); 1964 No 15, sec 3 (d); 1972 No 17, sec 18 (b); 1995 No 71, Sch 1 [14]–[16]; 2000 No 12, Sch 1 [2].

Sec 181B

Ins 1930 No 44, sec 31 (a). Am 1972 No 17, sec 18 (c); 1995 No 71, Sch 1 [17]; 1997 No 55, Sch 1.3 [3].

Sec 183

Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1999 No 94, Sch 4.91 [2] [3].

Sec 184

Am 1972 No 17, sec 18 (d); 1984 No 20, Sch 2 (16). Rep 1995 No 71, Sch 1 [18]. Ins 2001 No 75, Sch 1.

Part 23, Div 1

Ins 1984 No 20, Sch 1 (6).

Sec 184A

Ins 1984 No 20, Sch 1 (6). Subst 1992 No 5, Sch 1 (1). Am 2016 No 46, Sch 4.2 [17]; 2025 No 50, Sch 1[12].

Sec 184B

Ins 1984 No 20, Sch 1 (6). Am 1992 No 5, Sch 1 (2).

Sec 184C

Ins 1984 No 20, Sch 1 (6). Am 1992 No 5, Sch 1 (3); 2002 No 138, Sch 5.1 [1]; 2004 No 39, Sch 7.2 [2]; 2005 No 69, Sch 5.1 [1]; 2010 No 57, Sch 1.3 [1] [2].

Sec 184D

Ins 1984 No 20, Sch 1 (6). Am 1987 No 48, Sch 3; 1992 No 5, Sch 1 (4); 2001 No 77, Sch 1 [7]; 2001 No 121, Sch 2.63 [2]; 2007 No 94, Sch 2; 2016 No 27, Sch 1.8.

Sec 184E

Ins 1984 No 20, Sch 1 (6). Am 1992 No 5, Sch 1 (5); 1992 No 92, Sch 1; 2005 No 69, Sch 5.1 [2]; 2016 No 46, Sch 4.2 [18]; 2023 No 35, Sch 1.8[3] [4]; 2025 No 50, Sch 1[12].

Sec 184F

Ins 1984 No 20, Sch 1 (6). Subst 1992 No 5, Sch 1 (6).

Sec 184G

Ins 1984 No 20, Sch 1 (6). Am 2002 No 138, Sch 5.1 [2].

Sec 184H

Ins 1984 No 20, Sch 1 (6). Am 2016 No 46, Sch 4.2 [19]; 2025 No 50, Sch 1[12].

Sec 184I

Ins 1984 No 20, Sch 1 (6).

Sec 184J

Ins 1984 No 20, Sch 1 (6). Am 2016 No 46, Sch 4.2 [20]

Part 23, Div 2 (previously Div 1), heading

Subst 1984 No 20, Sch 1 (7). Am 1992 No 5, Sch 2 (1).

Sec 185

Am 1986 No 70, Sch 4 (4). Rep 1992 No 5, Sch 2 (2).

Sec 186

Am 1992 No 5, Sch 2 (3); 1998 No 107, Sch 3.2 [1]; 2014 No 5, Sch 2.7 [1]; 2025 No 50, Sch 1[34].

Sec 187

Am 1930 No 44, sec 32 (a); 1989 No 89, Sch 2; 1992 No 5, Sch 2 (4); 2025 No 50, Sch 1[34].

Sec 188

Am 1972 No 17, sec 19 (a); 1992 No 5, Sch 2 (5).

Sec 189

Am 1992 No 5, Sch 2 (6); 1998 No 107, Sch 3.2 [2]; 2014 No 5, Sch 2.7 [2].

Sec 190A

Ins 1992 No 5, Sch 2 (7). Am 2016 No 46, Sch 4.2 [21]; 2025 No 50, Sch 1[12].

Sec 191

Am 1972 No 17, sec 19 (b); 1992 No 5, Sch 2 (8).

Sec 192

Am 1992 No 5, Sch 2 (9).

Sec 193

Am 1992 No 5, Sch 2 (10).

Part 23, Div 2 (secs 195, 195A), heading

Rep 1984 No 20, Sch 1 (8).

Sec 195

Rep 1972 No 17, sec 19 (c) (see also Div 3).

Sec 195A

Ins 1930 No 44, sec 32 (b). Rep 1972 No 17, sec 19 (d) (see also Div 3).

Part 23, Div 3, heading

Am 1979 No 171, Sch 2 (6).

Part 23, Div 3

Subst 1986 No 150, Sch 1.

Sec 195

Ins 1986 No 150, Sch 1. Subst 1997 No 152, Sch 2 [4]. Am 2001 No 77, Sch 1 [8]; 2002 No 2, Sch 1 [2]; 2015 No 51, Sch 9.5 [6]; 2018 No 68, Sch 2.9 [1]; 2021 No 6, Sch 5.2[2].

Sec 195AA

Ins 2002 No 2, Sch 1 [3]. Am 2015 No 51, Sch 9.5 [7]; 2021 No 6, Sch 5.2[2]; 2023 No 35, Sch 1.8[5] [6].

Sec 195A

Ins 1986 No 150, Sch 1. Am 1997 No 152, Sch 2 [5]; 2007 No 27, Sch 1.11 [1]; 2013 No 47, Sch 1.10 [3] [4]; Am 2016 No 46, Sch 4.2 [22]; 2025 No 50, Sch 1[35]–[37].

Sec 195B

Ins 1986 No 150, Sch 1. Am 1997 No 152, Sch 2 [6] [7].

Sec 195C

Ins 1986 No 150, Sch 1. Am 1997 No 152, Sch 2 [8] [9]; 2002 No 2, Sch 1 [4] [5]; 2002 No 83, Sch 2.4 [2]; 2009 No 119, Sch 2.4; 2016 No 46, Sch 4.2 [23]; 2025 No 50, Sch 1[12] [38] [39].

Sec 195D

Ins 1986 No 150, Sch 1. Am 1987 No 180, Sch 3; 1987 No 242, Sch 1 (16); 1993 No 33, Sch 1; 1995 No 71, Sch 1 [19]; 1997 No 55, Sch 1.3 [4]; 1997 No 152, Sch 2 [10]–[12]; 2002 No 2, Sch 1 [6] [7]; 2006 No 120, Sch 1.6 [1]; 2007 No 27, Sch 1.11 [2]–[4]; 2016 No 46, Sch 4.2 [24] [25]; 2025 No 50, Sch 1[40] [41].

Sec 195E

Ins 1986 No 150, Sch 1. Am 2013 No 47, Sch 1.10 [5].

Sec 195F

Ins 1986 No 150, Sch 1.

Sec 195G

Ins 1986 No 150, Sch 1. Am 2002 No 2, Sch 1 [8]; 2021 No 10, Sch 3.7[10].

Sec 195H

Ins 1986 No 150, Sch 1. Am 2002 No 2, Sch 1 [9].

Sec 195I

Ins 1986 No 150, Sch 1.

Sec 195J

Ins 1986 No 150, Sch 1. Am 1997 No 152, Sch 2 [13].

Sec 196

Subst 1930 No 44, sec 33. Am 1964 No 15, sec 3 (e); 1972 No 17, secs 19 (e), 21 (1); 1979 No 171, Sch 1 (7); 1984 No 20, Sch 2 (17). Subst 1986 No 150, Sch 1. Am 1997 No 152, Sch 2 [14]; 2002 No 2, Sch 1 [10]–[13].

Sec 196AA

Ins 1979 No 171, Sch 2 (7). Rep 1986 No 150, Sch 1. Ins 1997 No 95, Sch 2 [3].

Sec 196AB

Ins 2002 No 2, Sch 1 [14].

Part 23, Div 3A, heading

Am 1984 No 20, Sch 2 (18); 1992 No 5, Sch 3 (5).

Part 23, Div 3A

Ins 1930 No 44, sec 34 (1).

Sec 196A

Ins 1930 No 44, sec 34 (1). Am 1932 No 65, sec 4 (2); 1972 No 17, sec 19 (f); 1976 No 84, Sch 4 (1); 1979 No 171, Schs 1 (8), 3 (18); 1991 No 22, Sch 1; 1992 No 5, Sch 3 (6); 2025 No 50, Sch 1[42].

Part 23, Div 3B

Ins 2001 No 9, Sch 1 [1].

Sec 196B

Ins 2001 No 9, Sch 1 [1].

Sec 196C

Ins 2001 No 9, Sch 1 [1]. Am 2002 No 83, Sch 2.4 [3]; 2009 No 119, Sch 2.4; 2015 No 51, Sch 9.5 [8].

Sec 196D

Ins 2001 No 9, Sch 1 [1].

Sec 196E

Ins 2001 No 9, Sch 1 [1]. Am 2016 No 46, Sch 4.2 [26]; 2025 No 50, Sch 1[12].

Sec 196F

Ins 2001 No 9, Sch 1 [1].

Sec 196G

Ins 2001 No 9, Sch 1 [1]. Am 2018 No 68, Sch 2.9 [2].

Sec 196H

Ins 2001 No 9, Sch 1 [1]. Am 2002 No 2, Sch 1 [15]; 2016 No 46, Sch 4.2 [27].

Sec 196I

Ins 2001 No 9, Sch 1 [1]. Am 2015 No 51, Sch 9.5 [9].

Sec 196J

Ins 2001 No 9, Sch 1 [1]. Am 2015 No 51, Sch 9.5 [10].

Sec 196K

Ins 2001 No 9, Sch 1 [1].

Sec 196L

Ins 2001 No 9, Sch 1 [1]. Am 2016 No 46, Sch 4.2 [28].

Sec 197

Am 1972 No 17, sec 19 (g). Subst 1976 No 84, Sch 4 (2). Am 1979 No 171, Schs 1 (9), 2 (8); 1984 No 20, Sch 1 (9); 1988 No 70, Sch 1; 1992 No 5, Sch 3 (7); 1992 No 55, Sch 2; 1992 No 112, Sch 1; 1999 No 31, Sch 4.17; 2001 No 121, Sch 2.63 [3]; 2007 No 94, Sch 2; 2016 No 46, Sch 4.2 [29]–[35]; 2025 No 50, Sch 1[12].

Sec 198

Subst 1992 No 5, Sch 3 (8).

Sec 199

Subst 1984 No 20, Sch 1 (10). Am 2016 No 46, Sch 4.2 [36]; 2025 No 50, Sch 1[12].

Sec 200

Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 2025 No 50, Sch 1[43].

Sec 201

Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1992 No 5, Sch 3 (9).

Sec 202

Am 1920 No 23, sec 2; 1930 No 44, sec 34 (3); 1932 No 65, sec 3 (1) (k); 1942 No 1, sec 3; 1970 No 23, sec 23 (1); 1972 No 17, sec 19 (h); 1973 No 87, Sch 2; 1975 No 57, Sch 2; 1984 No 20, Schs 1 (11), 2 (19); 1985 No 142, Sch 1 (4); 1987 No 48, Sch 32; 1992 No 112, Sch 1; 2001 No 121, Sch 2.63 [4]; 2006 No 58, Sch 1.6 [1] [2]; 2007 No 94, Sch 2; 2016 No 46, Sch 4.2 [37]–[39]; 2025 No 50, Sch 1[44].

Sec 202A

Ins 1992 No 5, Sch 3 (10). Subst 1997 No 152, Sch 2 [15].

Sec 203

Am 1920 No 23, sec 2; 1984 No 20, Sch 3.

Sec 203AA

Ins 2006 No 120, Sch 1.6 [2].

Sec 203A

Ins 2002 No 2, Sch 1 [16].

Sec 204

Rep 1999 No 85, Sch 4. Ins 2025 No 50, Sch 1[45].

Part 24

Rep 1984 No 53, sec 3. Ins 2000 No 4, Sch 1 [1].

Sec 205

Am 1967 No 29, sec 2 (2) (a); 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1984 No 20, Sch 2 (20). Rep 1984 No 53, sec 3. Ins 2000 No 4, Sch 1 [1]. Am 2018 No 75, Sch 1 [17].

Sec 206

Am 1967 No 29, sec 2 (2) (b); 1970 No 52, Second Sch (am 1972 No 41, Second Sch). Rep 1984 No 53, sec 3. Ins 2000 No 4, Sch 1 [1].

Sec 207

Am 1967 No 29, sec 2 (2) (c). Rep 1984 No 53, sec 3. Ins 2000 No 4, Sch 1 [1].

Sec 208

Rep 1984 No 53, sec 3. Ins 2000 No 4, Sch 1 [1]. Am 2018 No 75, Sch 1 [18].

Secs 209–211

Rep 1984 No 53, sec 3. Ins 2000 No 4, Sch 1 [1].

Sec 212

Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch). Rep 1984 No 53, sec 3. Ins 2000 No 4, Sch 1 [1]. Am 2025 No 50, Sch 1[46].

Secs 213, 214

Rep 1984 No 53, sec 3. Ins 2000 No 4, Sch 1 [1].

Sec 215

Ins 2000 No 4, Sch 1 [1].

Sch 3

Am 1973 No 81, Fourth Sch; 1992 No 29, Sch 5; 1992 No 55, Sch 2; 1999 No 42, Sch 3.3 [2].

Sch 4

Am 1942 No 1, sec 2 (1) (d); 1972 No 17, sec 20; 1975 No 8, sec 6; 1984 No 20, Sch 2 (21); 1984 No 167, Sch 1; 1993 No 11, Sch 3; 2010 No 61, Sch 2.7 [2]; 2015 No 24, Sch 8.10.

Sch 4A

Ins 1964 No 15, sec 3 (f). Am 1995 No 71, Sch 1 [20]; 1999 No 58, Sch 2.1 [6].

Sch 5

Am 1991 No 27, Sch 2 (3).

Sch 6

Am 1932 No 65, sec 3 (1) (l); 1984 No 20, Sch 2 (22); 2008 No 114, Sch 2.7.

Sch 7

Subst 1983 No 26, Sch 1 (7). Rep 2003 No 53, Sch 4.1 [2].

Sch 8, heading

Ins 1930 No 44, sec 31 (b). Subst 1995 No 71, Sch 1 [21].

Sch 8

Ins 1930 No 44, sec 31 (b). Am 1964 No 15, sec 3 (g); 1995 No 71, Sch 1 [22]; 1997 No 55, Sch 1.3 [5]; 2000 No 12, Sch 1 [3].

Sch 8A

Ins 2001 No 9, Sch 1 [2]. Am 2015 No 51, Sch 9.5 [11] [12].

Sch 8B

Ins 2001 No 9, Sch 1 [2] (am 2001 No 56, Sch 2.10 [1] [2]).

Sch 9

Ins 1997 No 152, Sch 2 [16]. Am 1998 No 124, Sch 1 [5] [6]; 1999 No 58, Sch 2.1 [7]; 2000 No 4, Sch 1 [2] [3]; 2001 No 9, Sch 1 [3]; 2001 No 77, Sch 1 [9]; 2002 No 2, Sch 1 [17] [18]; 2006 No 80, Sch 3.5 [6] [7] (am 2007 No 82, Sch 1.23 [23]); 2008 No 75, Sch 2.1 [2]; 2009 No 17, Sch 2 [5]; 2009 No 109, Sch 2.1 [2] [3]; 2015 No 48, Sch 1.7 [2]; 2015 No 62, Sch 1 [3]; 2025 No 50, Sch 1[47].

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