Instruments Act 1933 (ACT)
Instruments Act 1933 (repealed)
A1933-25
Republication No 10
Effective: 30 January 2012
Republication date: 30 January 2012
As repealed by A2010-15 s 19
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Instruments Act 1933 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 30 January 2012.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).
Instruments Act 1933 (repealed)
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Notes 2
3Offences against Act—application of Criminal Code etc 2
Part 3 Bills of sale
8 Definitions for pt 3 3
8A Meaning of apparent possession in pt 3 4
9 Bills of sale—registration 4
10 Defeasance or condition of bill of sale 6
11 Records of each bill of sale 6
12 Household furniture 6
13 Bill of sale—transferable 7
14 Discharge of bill of sale 7
15 Not to affect liens on crops, wool etc 8
Part 4 Liens on crops
16 Definitions for pt 4 9
17 Lien on yearly crops 9
18 Lien not affected by sale etc of land 10
19 Lienee to pay rent of leased land before selling crop 10
20 Lienee to pay interest to mortgagee of land before selling crop 11
21 Lien on crops—transferable 11
22 List in registry open to inspection 11
23 Duration of lien 12
24 Protection of lienee—lien on crop 12
Part 5 Liens on wool and stock mortgages
24A Meaning of stock in pt 5 13
25 Right of lienee to wool as security etc 13
26 Right of lienee to ensuing clip of wool 14
27 Right of mortgagor if mortgagee in possession 15
28 Mortgagor of sheep may with consent of mortgagee give lien 15
29 Liens on wool and stock mortgages—transferable 15
30 Particulars of registration by registrar-general 16
31 Cancelling of liens 16
32 Registration of satisfaction of mortgage 16
33 Saving of rights of Commonwealth 17
34 Protection of lienee—preferable lien on wool 17
35 Protection of mortgagee—stock mortgage 18
Part 6 Miscellaneous
36 Search of registers etc 19
36A Destruction of registrable instruments 19
37 Determination of fees 20
38 Approved forms 20
39 Regulation-making power 20
Endnotes
1 About the endnotes 21
2 Abbreviation key 21
3 Legislation history 22
4 Amendment history 26
5 Earlier republications 30
Instruments Act 1933 (repealed)
An Act relating to instruments and securities
Part 1Preliminary
Name of Act
This Act is the Instruments Act 1933.
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 3Bills of sale
Definitions for pt 3
In this part:
NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
bill of sale includes bills of sale, assignments, transfers, declarations of trusts without transfer, and other assurances of personal chattels, and also powers of attorney, authorities, and licences to take possession of personal chattels as security for any debt, but does not include the following documents, that is to say: assignments for the benefit of the creditors of the person making or giving the assignments; marriage or civil partnership settlements; transfers or assignments of any ship or vessel, or any share of a ship or vessel; transfers of goods in the ordinary course of business of any trade or calling; bills of sale of goods in foreign parts or at sea; bills of lading; India warrants; warehouse-keeper’s certificates, warrants, or orders for the delivery of goods; or any other documents used in the ordinary course of business as proof of the possession or control of goods, or authorising, or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented.
personal chattels means goods, furniture, fixtures and other articles capable of complete transfer by delivery; but does not include chattel interests in real estate, or shares or interests in the stock, funds or securities of any government, or in the capital or property of any incorporated or joint stock company, or things in action, or any stock or produce on any farm or lands if under any covenant or agreement, or of the custom of the country, ought not to be removed from any farm or lands where the stock or produce are at the time of making or giving of the bill of sale.
NoteA thing in action is an intangible personal property right recognised and protected by the law. Examples include debts, money held at a bank, shares, rights under a trust, copyright, and the right to sue for breach of contract.
8AMeaning of apparent possession in pt 3
For this part, personal chattels are taken to be in the apparent possession of the person making or giving a bill of sale, if—
(a)they are on any land or premises occupied by the person; or
(b)they are used and enjoyed by the person anywhere;
even though that formal possession of them has been taken by or given to someone else.
Bills of sale—registration
(1)Every bill of sale of personal chattels made or given either absolutely or conditionally, or subject or not to any trusts, and under which the grantee or holder has power, either with or without notice and either immediately or at any future time, to seize and take possession of any property and effects comprised in or made subject to the bill of sale, shall, within 30 days after the making or giving of the bill of sale, be registered by leaving in the office of the registrar-general—
(a)the bill of sale and every schedule or inventory annexed to or referred to in the bill of sale, or a true copy of the bill of sale and every such schedule or inventory, and of every attestation of the execution of the bill of sale; and
(b)a statutory declaration or an affidavit of the time of the bill of sale being made or given; and
(c)a description of the residence and occupation of the person making or giving the bill of sale, or a description of the residence and occupation of the person against whom the process has issued if the bill of sale is made or given by any person under or in the execution of any process; and
(d)a description of the residence and occupation of every attesting witness to the bill of sale.
NoteA fee may be determined under s 37 (Determination of fees) for registration under this subsection of a bill of sale.
(2)In default of registration under this section, but subject to subsection (3) the bill of sale shall, as against—
(a)the official receiver or trustee in bankruptcy, if a sequestration order is made against the grantor under the Bankruptcy Act 1966 (Cwlth), and all assignees or trustees of the estate and effects of the person whose goods or any of them are comprised in the bill of sale, under any assignment for the benefit of the creditors of that person; and
(b)all sheriff’s officers and other persons seizing any property or effects comprised in the bill of sale, in the execution of the process of any court authorising the seizure of the goods of the person by whom or of whose goods the bill of sale has been made; and
(c)every person on whose behalf the process has been issued;
be null and void, to all intents and purposes whatsoever, so far as regards the property in, or right to the possession of, any personal chattels comprised in the bill of sale, that at or after the date of the sequestration order, or the time of the execution by the debtor of the assignment for the benefit of his or her creditors, or of executing the process (as the case may be), and after the end of the period of 30 days referred to in subsection (1) are in the possession or apparent possession of the person making the bill of sale, or of any person against whom the process has issued under or in the execution of which the bill of sale has been made or given, as the case may be.
(3)If the interest of a grantee or holder of a bill of sale is registered under the Registration of Interests in Goods Act 1986 (NSW), the bill of sale is as valid and effective as if it had been registered under this Act.
Defeasance or condition of bill of sale
If the bill of sale is made or given, subject to any defeasance or condition or declaration of trust not contained in the body thereof, the defeasance or condition or declaration of trust shall, for this Act, be taken as part of the bill of sale, and shall be written on the same paper on which the bill of sale is written before the time when the bill of sale is registered, otherwise the bill of sale shall be null and void to all intents and purposes as against the same persons, and as regards the same property and effects, as if the bill of sale had not been registered under this Act.
Records of each bill of sale
(1)The registrar-general shall cause every bill of sale, and every schedule and inventory and every copy of a bill of sale, schedule or inventory left in his or her office under this Act to be numbered.
(2)The registrar-general shall keep a book or index, in which he or she shall cause to be inserted as and when any bill of sale or copy is left for registration, the name, addition, and description of the person making or giving the bill of sale, or, if the bill of sale is made or given by any person under or in the execution of any process, the name, addition and description of the person against whom the process has issued, and also of the persons to whom or in whose favour the bill of sale has been given or transferred, but containing no further particulars of the bill of sale or copy.
Household furniture
(1)If, at the time any person makes or gives a bill of sale, that person is in a domestic partnership and living with his or her domestic partner, and the bill of sale comprises any household furniture, the bill of sale shall not be enforced by seizure or sale of the furniture that then is actually in use by the person making or giving the bill of sale or his or her domestic partner, unless at the time of execution it is endorsed by the domestic partner of the maker or giver of the bill of sale, and the endorsement is attested by the registrar-general, a lawyer, a justice of the peace or a person prescribed for the Statutory Declarations Act 1959 (Cwlth), section 8 (b).
(2)This section does not apply after—
(a)the death of the domestic partner of the person making or giving the bill of sale; or
(b)the permanent separation of the domestic partners since the bill of sale was made or given.
Note 1If a form is approved under s 38 for the endorsement under this section of a bill of sale, the form must be used.
Note 2For the meanings of domestic partner and domestic partnership, see Legislation Act, s 169.
Bill of sale—transferable
(1)A bill of sale shall be transferable by writing, and every transferee may bring an action on or in respect of the bill of sale in his or her own name, and shall have and may exercise the same right, title and interest, powers and authorities as the original grantee could have brought, would have had or might have exercised if no transfer had been made by him or her.
(2)The registrar-general, if required so to do, must register the transfer by noting in the book or index kept under section 11, the name, addition and description of the transferee, and the date of the execution of the transfer.
NoteA fee may be determined under s 37 (Determination of fees) for registration under this subsection of a transfer.
Discharge of bill of sale
(1)A bill of sale may be discharged or partly discharged by a memorandum endorsed on the bill of sale or a copy of it, held by the grantee or person claiming through the grantee, acknowledging that the bill of sale has been or is discharged or, for part discharge, the extent to which it has been or is so discharged.
NoteIf a form is approved under s 38 (Approved forms) for the endorsement of discharge or partial discharge under subsection (1) of a bill of sale, the form must be used.
(2)If the registrar-general is satisfied that the bill of sale or copy held by the grantee or person claiming through the grantee cannot, for some good reason, be produced, a bill of sale may be discharged or partly discharged by a memorandum acknowledging that the bill of sale has been or is discharged or, for a part discharge, the extent to which it has been or is so discharged.
NoteIf a form is approved under s 38 (Approved forms) for a memorandum of discharge or partial discharge under subsection (2) of a bill of sale, the form must be used.
(3)The signature to any memorandum acknowledging the discharge or part discharge shall be witnessed by a lawyer, justice of the peace, or person prescribed for the Statutory Declarations Act 1959, (Cwlth), section 8 (b).
(4)The registrar-general, if required so to do, and if satisfied that any bill of sale has been discharged or partially discharged, shall register the discharge or part discharge by noting the discharge or part discharge on the bill of sale or copy registered and in the book or index kept under section 11.
Not to affect liens on crops, wool etc
Nothing in this part shall affect or apply to any liens on crops, liens on wool or mortgages of stock registered under this Act.
Part 4Liens on crops
Definitions for pt 4
In this part:
agricultural produce includes wheat, maize, sorghum, barley, oats, lucerne, and grass, whether for hay or grain, and other agricultural produce.
horticultural produce means fruit of any kind.
Lien on yearly crops
If any person makes any genuine advance of money or goods to any holder of land on condition of receiving as security for the advance the growing crop or crops of agricultural or horticultural produce on the land, and if the agreement relating to the security purports on the face of it to have been made as security for the advance, and is duly registered within 30 days after the date of the agreement, by leaving in the office of the registrar-general a true copy of the agreement duly verified by statutory declaration or affidavit, the person making the advance, whether before, at, or after the date of the agreement, shall have a preferable lien on, and be entitled to the whole of the crop and its whole produce, and the possession of the crop and produce by the lienor shall be to all intents and purposes in the law the possession of the lienee, and when the advance is repaid with interest specified in the agreement the possession and property of the crop shall revert to and vest in the lienor.
Note 1A fee may be determined under s 37 (Determination of fees) for registration under this section of a lien.
Note 2If a form is approved under s 38 (Approved forms) for an agreement mentioned in this subsection, the form must be used.
Lien not affected by sale etc of land
No such lien duly made and registered shall be extinguished or otherwise prejudicially affected by the death of the lienor, or by any sale or mortgage of, or other incumbrance on the land on which the crop is growing; and if the lienor, or the lienor’s executors, administrators, or assigns, neglects or refuses either to pay off the whole of the advance with interest as agreed on, or to give up the crop to the lienee under the agreement, the lienee, or the lienee’s executors, administrators, or assigns may enter into possession of the crop, and may gather, and carry away and sell the crop, and may apply the proceeds in paying himself or herself the advance, with interest as agreed, and all expenses of gathering, carrying away, making marketable, and selling the crop, and shall pay the balance to the lienor, or the lienor’s executors, administrators, or assigns.
Lienee to pay rent of leased land before selling crop
(1)If the lienor is a leaseholder then the lienee shall, before selling the crop, pay to the landlord of the land where the crop is growing the sum of money not exceeding 1 year’s rent as is due to the landlord for rent at the time of carrying away the crop, and the lienee may repay himself or herself the sum so paid out of the proceeds of the sale of the crop before paying over the balance to the lienor.
(2)For this section:
leaseholder includes a person holding land under a lease from the Commonwealth, and a person to whom land is sublet.
landlord, of the land, if the leaseholder holds the land under a lease from the Commonwealth, means the Commonwealth, and, if the leaseholder is a sublessee, means the person by whom the land is sublet.
Lienee to pay interest to mortgagee of land before selling crop
If when the lien is made there is in force a mortgage of the land where the crop subject to the lien is growing, and the land is at the time of harvesting the crop in the occupation of the mortgagee, the lienee shall, before selling the crop, pay to the mortgagee the amount of interest (not exceeding 12 months interest) due on the mortgage at the time of carrying away or selling the crop; and the lienee may repay himself or herself the sum so paid for interest out of the proceeds of the sale of the crop before paying over the balance to the lienor.
Lien on crops—transferable
(1)A lien under this part shall be transferable by writing, and every transferee may bring an action on or in respect of the lien in his or her own name, and shall have and may exercise the same right, title and interest, powers and authorities as the original lienee could have brought, would have had or might have exercised if no transfer had been made by the original lienee.
(2)The registrar-general, if required so to do, must register the transfer by noting in the register kept under section 22, the name, addition and description of the transferee, and the date of the execution of the transfer.
NoteA fee may be determined under s 37 (Determination of fees) for registration under this subsection of a transfer.
List in registry open to inspection
The registrar-general shall keep a separate alphabetical register of all agreements referred to in section 17.
Duration of lien
A lien under this part shall not continue in force for more than 1 year from the date of the lien, and the registrar-general, at the request of both parties, shall at any time enter satisfaction on the lien.
Protection of lienee—lien on crop
(1)A lienor of a crop must not do something that directly or indirectly defeats, invalidates or impairs the lienee’s property rights in the crop.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Example of conduct
selling the crop subject to the lien
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)This section does not apply to conduct if the lienee has consented in writing to the conduct.
Part 5Liens on wool and stock mortgages
24AMeaning of stock in pt 5
In this part:
stock means horses, cattle, sheep or swine.
Right of lienee to wool as security etc
If any person makes any genuine advance of money or goods, or gives any valid promissory note or bill to any proprietor of sheep on condition of receiving in payment or as security only for the money, goods, promissory note, or bill, the wool of the then next ensuing clip of the proprietor, and if the agreement relating to the purchase or security purports on the face of it to have been made in payment or as security for the advance, and is duly registered within 30 days after the date of the agreement by leaving in the office of the registrar-general a true copy, duly verified by statutory declaration or affidavit, the person making the purchase or advance shall be entitled to the whole of the wool mentioned in the agreement, whether the advance of money or goods, or of the note or bill is made before, at, or after the granting of the preferable lien; and the possession of the wool by the proprietor shall be, to all intents and purposes in the law, the possession of the person making the purchase or advance; and when the advance is repaid, with the interest and commission as is specified in the agreement, the possession and property of the wool shall revest in the proprietor.
Note 1A fee may be determined under s 37 (Determination of fees) for registration under this section of a lien.
Note 2If a form is approved under s 38 (Approved forms) for an agreement mentioned in this subsection, the form must be used.
Right of lienee to ensuing clip of wool
(1)If any person makes any genuine purchase or advance, as mentioned in section 25, the preferable lien of the lienee making the purchase or advance on the wool of the next ensuing clip of the proprietor shall not be in any way extinguished, suspended, impaired, or otherwise prejudicially affected by any subsequent sale, mortgage, or other incumbrance of the sheep mentioned and described in the registered agreement relating to the preferable lien, but shall be as valid and effectual to all intents and purposes against the subsequent purchaser, mortgagee, incumbrancer, or other claimant or possessor of the sheep, as against the original proprietor who granted the preferable lien.
(2)If the lienor, subsequent mortgagee, or incumbrancer, or other claimant or possessor of the sheep neglects or refuses to shear and deliver the wool of any sheep for which the preferable lien has been granted under the provisions in that behalf contained in the registered agreement, the lienee, or the lienee’s executors, administrators, or assigns may take possession of the sheep bearing the wool, for the purpose of washing and shearing the sheep; and all expenses attending the washing and shearing and conveyance of the wool to the place of abode of the lienee shall be incorporated with and be deemed in law part of the amount secured by the lien.
Right of mortgagor if mortgagee in possession
Any mortgage of stock that is made genuinely and for valuable consideration, and the names of the parties to which and the particulars of which are duly registered within 30 days after the date of the mortgage in the office of the registrar-general shall be valid in the law to all intents and purposes whether the money secured by the mortgage is payable presently or not, and notwithstanding that the mortgaged stock are not delivered over to the mortgagee but remain and continue in every respect, as before, in the possession, order, and disposition of the mortgagor.
Note 1A fee may be determined under s 37 (Determination of fees) for registration under this section of stock.
Note 2If a form is approved under s 38 (Approved forms) for registration of a mortgage of stock under this section, the form must be used.
Mortgagor of sheep may with consent of mortgagee give lien
Any mortgagor of sheep may, with the written consent of the mortgagee, but not without that consent, make and give a valid lien on the next ensuing clip of the wool of those sheep.
Liens on wool and stock mortgages—transferable
(1)A lien on wool or a mortgage of stock shall be transferable by writing, and every transferee may bring an action on or in respect of the lien or mortgage in the transferee’s own name, and shall have and may exercise the same right, title and interest, powers and authorities as the original lienee or mortgagee could have brought, would have had or might have exercised if no transfer had been made by the original lienee.
(2)The registrar-general, if required so to do, must register the transfer by noting in the appropriate registry kept under section 30, the name, addition and description of the transferee, and the date of the execution of the transfer.
NoteA fee may be determined under s 37 (Determination of fees) for registration under this subsection of a transfer.
Particulars of registration by registrar-general
The registrar-general shall keep a separate and distinct registry from year to year of all agreements for purchases of wool or advances as mentioned in section 25, and shall also keep a separate and distinct registry of the particulars of all mortgages of stock, as mentioned in section 27.
Cancelling of liens
The registrar-general may, at the request of each of the parties to a preferable lien on wool, enter satisfaction on the lien in the register kept under section 30.
Registration of satisfaction of mortgage
If the amount of principal and interest, or of the balance of principal and interest due on any mortgage of stock is paid to the person entitled to receive it, or his or her agent in that behalf, and a receipt in writing for the amount so paid is given, signed by the person so entitled, or by his or her agent acknowledging the payment to be in satisfaction of the mortgage, the mortgagor, or the mortgagor’s executors, administrators, or assigns may cause a copy of the receipt, duly verified by affidavit, to be registered in the office of the registrar-general, on production to the registrar-general of the original receipt and of the mortgage deed to which the receipt relates; and from and after the time of the registration of the verified receipt the payment shall operate as an extinction of the mortgage, and of the right and interest it created to all intents and purposes, but without prejudice to any previous sale, or any consequential conveyance, under the mortgage deed, and without prejudice to any second or subsequent mortgage affecting the stock or any part of it then duly registered, unless each party, by signed writing at the foot of the receipt, has signified his or her assent to the registration of the receipt.
NoteA fee may be determined under s 37 (Determination of fees) for registration under this subsection of a satisfaction of a mortgage.
Saving of rights of Commonwealth
Nothing in this part shall be construed to affect in any way the rights of the Commonwealth as to any of the lands of the Commonwealth described in a lien or mortgage to which this part relates as the lands or stations where any stock, the subject of the lien or mortgage, are depasturing.
Protection of lienee—preferable lien on wool
(1)A grantor of a preferable lien on wool under this part must not do something that directly or indirectly defeats, invalidates or impairs the lienee’s property rights in the wool.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Examples of conduct for s (1)
1 selling wool subject to the lien
2 killing sheep growing wool subject to the lien
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)This section does not apply to conduct if the lienee has consented in writing to the conduct.
Protection of mortgagee—stock mortgage
(1)A mortgagor of stock must not do something that directly or indirectly defeats, invalidates or impairs the mortgagee’s property rights in the stock.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Examples of conduct for s (1)
1 selling stock subject to the mortgage
2 killing stock subject to the mortgage
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)This section does not apply to conduct if the mortgagee has consented in writing to the conduct.
(3)In this section:
stock includes stock increase and progeny.
Part 6Miscellaneous
Search of registers etc
(1)A person may search any book, index or register, kept under this Act, during normal working hours.
(2)Any person is entitled to have an office copy or extract of any instrument or document lodged or left in the office of the registrar-general under this Act.
NoteA fee may be determined under s 37 (Determination of fees) for searching under this section a book, index or register or for the supply under this section of an office copy or extract.
36ADestruction of registrable instruments
(1)The registrar-general shall keep a registrable instrument that has been registered in accordance with this Act until—
(a)the registrable instrument has been discharged under section 14, satisfaction of the registrable instrument has been entered under section 23 or 31, or a receipt has been registered with respect to the registrable instrument under section 32; or
(b)the registrar-general believes on reasonable grounds that the personal chattels or other securities referred to in the registrable instrument are no longer affected by the instrument.
(2)If the registrar-general destroys a registrable instrument he or she shall record the date when the instrument is destroyed in the relevant book, index or register kept under section 11, 22 or 30.
(3)In this section:
bill of sale—see part 3.
personal chattels—see part 3.
registrable instrument means a bill of sale, lien, mortgage or other agreement, a record of which is kept under this Act.
Determination of fees
(1)The Minister may, in writing, determine fees for this Act.
NoteThe Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Approved forms
(1)The registrar-general may, in writing, approve forms for this Act.
(2)If the registrar-general approves a form for a particular purpose, the form must be used for that purpose.
(3)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Regulation-making power
The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
This Act was originally a Commonwealth ordinance—the Instruments Ordinance 1933 No 25 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before becoming Territory enactment
Instruments Act 1933 No 25
notified 16 November 1933
commenced 3 February 1934 (Cwlth Gaz 1934 No 4)
as amended by
Instruments Ordinance (No 2) 1933 No 35
notified 7 December 1933
commenced 3 February 1934 (s 2)
Instruments Ordinance 1936 No 1
notified 9 January 1936
commenced 9 January 1936
Instruments Ordinance 1949 No 10
notified 29 September 1949
commenced 29 September 1949
Ordinances Revision (Decimal Currency) Ordinance 1966 No 66 (as am by 1967 No 36)
notified 23 December 1966
commenced 23 December 1966
Ordinances Revision (Decimal Currency) Ordinance 1967 No 36
notified 30 November 1967
commenced 23 December 1966 (s 2)NoteThis ordinance only amends ord 1966 No 66.
Ordinances Revision Ordinance 1977 No 65
notified 22 December 1977
commenced 22 December 1977
Ordinances Revision Ordinance 1978 No 46
notified 28 December 1978
commenced 28 December 1978
Instruments (Amendment) Ordinance 1982 No 88
notified 29 October 1982
commenced 29 October 1982
Administrative Arrangements (Consequential Amendments) Ordinance 1987 No 37 sch 2
notified 24 July 1987
sch 2 commenced 24 July 1987 (s 2 (2))
Instruments (Amendment) Ordinance 1989 No 5
notified 8 March 1989 (Cwlth Gaz 1989 No S137)
commenced 8 March 1989
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S164)
s 1, s 2 commenced 10 May 1989 (s 2 (1))sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Legislation after becoming Territory enactment
Registration of Interests in Goods (Consequential Amendments) Act 1990 No 20 s 3
notified 21 June 1990 (Gaz 1990 No S30)
commenced 30 June 1990 (s 2 and see Gaz 1990 No S46)
Registrar-General (Consequential Provisions) Act 1993 No 64 sch 1
notified 6 September 1993 (Gaz 1993 No S172)
s 1, s 2 commenced 6 September 1993 (s 2 (1))sch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No S207)
Instruments (Amendment) Act 1993 No 76
notified 2 November 1993 (Gaz 1993 No S218)
commenced 2 November 1993 (s 2)
Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))sch 1 commenced 1 June 1998 (s 2 (2))
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
commenced 10 November 1999 (s 2)
Statute Law Amendment Act 2001 No 11 sch 1
notified 29 March 2001 (Gaz 2001 No 13)
commenced 29 March 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 193
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 193 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 8
notified LR 3 March 2003
s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
pt 8 commenced 31 March 2003 (s 2 (2))Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 1 pt 1.8
notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 1 pt 1.8 commenced 22 March 2004 (s 2 and CN2004-4)Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.25
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.25 commenced 24 November 2005 (s 2)Civil Unions Act 2006 A2006-22 sch 1 pt 1.17
notified LR 19 May 2006
s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
sch 1 pt 1.17 never commencedNoteAct repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)
Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.14
notified LR 15 May 2008
s 1, s 2 commenced 15 May 2008 (LA s 75 (1))
sch 1 pt 1.14 commenced 19 May 2008 (s 2 and CN2008-8)as repealed by
Personal Property Securities Act 2010 A2010-15 s 19
notified LR 1 April 2010
s 1, s 2 commenced 1 April 2010 (LA s 75 (1))
s 19 commenced 30 January 2012 (s 2 (2) (b))
Amendment history
Notes
s 2om 2001 No 11 amdt 1.2
ins A2005-54 amdt 1.170
Offences against Act—application of Criminal Code etc
s 3am 1933 No 35; 1993 No 76 sch
om 2001 No 44 amdt 1.2173
ins A2005-54 amdt 1.170
Parts
s 4om 1977 No 65
Interpretation
s 5om 2001 No 44 amdt 1.2173
def determined fee ins 1989 No 5 s 3
def registrar om 1993 No 64 sch 1
Administration
s 6om 1978 No 46
Registrar and deputy registrars
s 7am 1987 No 37 sch 2
om 1993 No 64 sch 1
Definitions for pt 3
s 8am 1993 No 76 sch; 1999 No 66 sch 3
def bill of sale am A2006-22 amdt 1.68 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.38
Meaning of apparent possession in pt 3
s 8Ains 1999 No 66 sch 3
Bills of sale—registration
s 9am 1933 No 35; 1949 No 10; 1989 No 5 s 4; 1990 No 20 s 3; 1993 No 64 sch 1; 1993 No 76 sch; 2001 No 44 amdt 1.2174, amdt 1.2175
Records of each bill of sale
s 11am 1993 No 64 sch 1; 1993 No 76 sch
Household furniture
s 12am 1993 No 64 sch 1; 1993 No 76 sch; 1997 No 96 sch 1; 2001 No 44 amdt 1.2176, amdt 1.2177; A2004-2
amdts 1.28-1.30
Bill of sale—transferable
s 13am 1989 No 5 s 5; 1993 No 64 sch 1; 1993 No 76 sch; 2001 No 44 amdt 1.2178, amdt 1.2179
Discharge of bill of sale
s 14sub 1936 No 1
am 1993 No 64 sch 1; 1993 No 76 sch; 1997 No 96 sch 1; 2001 No 44 amdts 1.2180-1.2183
Not to affect liens on crops, wool etc
s 15am 1949 No 10
Lien on yearly crops
s 17am 1949 No 10; 1989 No 5 s 6; 1993 No 64 sch 1; 1993 No 76 sch; 2001 No 44 amdts 1.2184-1.2187
Lien not affected by sale etc of land
s 18am 1993 No 76 sch
Lienee to pay rent of leased land before selling crop
s 19am 1993 No 76 sch
Lienee to pay interest to mortgagee of land before selling crop
s 20am 1993 No 76 sch
Lien on crops—transferable
s 21am 1989 No 5 s 7; 1993 No 64 sch 1; 1993 No 76 sch; 2001 No 44 amdt 1.2188, amdt 1.2189
List in registry open to inspection
s 22am 1993 No 64 sch 1; 1993 No 76 sch
Duration of lien
s 23am 1993 No 64 sch 1; 1993 No 76 sch
Protection of lienee—lien on crop
s 24am 1993 No 76 sch; 1998 No 54 sch
sub A2005-54 amdt 1.171
Meaning of stock in pt 5
s 24Ains 1949 No 10
Right of lienee to wool as security etc
s 25am 1949 No 10; 1989 No 5 s 8; 1993 No 64 sch 1; 1993 No 76 sch; 2001 No 44 amdts 1.2190-1.2193
Right of lienee to ensuing clip of wool
s 26am 1993 No 76 sch
Right of mortgagor if mortgagee in possession
s 27am 1949 No 10; 1989 No 5 s 9; 1993 No 64 sch 1; 1993 No 76 sch; 2001 No 44 amdts 1.2194-1.2197
Liens on wool and stock mortgages—transferable
s 29am 1949 No 10; 1989 No 5 s 10; 1993 No 64 sch 1; 1993 No 76 sch; 2001 No 44 amdt 1.2198, amdt 1.2199
Particulars of registration by registrar-general
s 30am 1949 No 10; 1993 No 64 sch 1; 1993 No 76 sch
Cancelling of liens
s 31am 1993 No 64 sch 1
sub 1993 No 76 s 4
Registration of satisfaction of mortgage
s 32am 1949 No 10; 1989 No 5 s 11; 1993 No 64 sch 1; 1993 No 76 sch; 2001 No 44 amdt 1.2200, amdt 1.2201
Saving of rights of Commonwealth
s 33am 1949 No 10
Protection of lienee—preferable lien on wool
s 34am 1949 No 10; 1993 No 76 sch; 1998 No 54 sch
sub A2005-54 amdt 1.172
Protection of mortgagee—stock mortgage
s 35am 1993 No 64 sch 1; 1993 No 76 sch
om 2001 No 44 amdt 1.2202
ins A2005-54 amdt 1.172
Search of registers etc
s 36am 1989 No 5 s 12; 1993 No 64 sch 1; 2001 No 44 amdts 1.2203-1.2205
Destruction of registrable instruments
s 36Ains 1993 No 76 s 5
Determination of fees
s 37sub 1989 No 5 s 13; 2001 No 44 amdt 1.2206
Payment of determined fees
s 37Ains 1989 No 5 s 13
am 1993 No 64 sch 1
om A2003-2 s 47
Approved forms
s 38am 1987 No 37 sch 2; 1989 No 5 s 14; 1989 No 38 sch 1
sub 2001 No 44 amdt 1.2207
(4)-(7) exp 12 September 2002 (s 38 (7))
Regulation-making power
s 39ins 2001 No 44 amdt 1.2207
The schedules
sch hdgom 1993 No 76 sch
Schedule 1
sch 1 hdgsub 1993 No 76 sch
om 2001 No 44 amdt 1.2208
Schedule 2
sch 2 hdgsub 1993 No 76 sch
om 2001 No 44 amdt 1.2208
Schedule 3
sch 3 hdgsub 1993 No 76 sch
sch 3sub 1936 No 1
am 1949 No 10; 1966 No 19
am 1993 No 76 sch
om 2001 No 44 amdt 1.2208
Schedule 4
sch 4 hdgsub 1993 No 76 sch
sch 4am 1966 No 19
am 1993 No 76
om 2001 No 44 amdt 1.2208
Schedule 5
sch 5 hdgsub 1993 No 76 sch
sch 5am 1966 No 19
om 2001 No 44 amdt 1.2208
Schedule 6
sch 6 hdgsub 1993 No 76 sch
sch 6am 1949 No 10
om 2001 No 44 amdt 1.2208
Schedule 7
sch 7 hdgam 1966 No 19 (as amended by 1967 No 36)
om 1982 No 88
sch 7ins 1982 No 88
om 1989 No 5 s 15
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Act 1990 No 20 28 February 1991 2 Act 1993 No 76 31 January 1994 3 Act 1998 No 54 30 April 1999 4 Act 2001 No 44 12 April 2002 5 Act 2001 No 44 13 September 2002 6 A2003-2 31 March 2003 7 A2004-2 22 March 2004 8 A2005-54 24 November 2005 9 A2008-14 19 May 2008
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