Land Sales Amendment Act 1998 (NSW)
New South Wales
Land Sales Amendment Act 1998
No 4
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Land Sales Act 1964 No 12 2 4 Repeal of Land Sales Regulation 1997 2
Schedule 1 Amendments 3
New South Wales
Land Sales Amendment Act 1998
No 4
Act No 4, 1998
An Act to amend the Land Sales Act 1964 in relation to the refund by a vendor of certain legal costs payable by a purchaser under an instalment contract and certain other matters currently prescribed by the Land Sales Regulation 1997; and for other purposes. [Assented to 5 May 1998]
| Section 1 | Land Sales Amendment Act 1998 No 4 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Land Sales Amendment Act 1998.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Land Sales Act 1964 No 12
The Land Sales Act 1964 is amended as set out in Schedule 1.
Repeal of Land Sales Regulation 1997
The Land Sales Regulation 1997 is repealed.
Land Sales Amendment Act 1998 No 4
Amendments Schedule 1 Schedule 1 Amendments
(Section 3)
[1] Section 6 Exemptions
Insert at the end of the section:
(2) An instalment contract for the sale of a lot in a subdivision of land under the provisions of the Real Property Act 1900, being a contract under which the vendor of the lot is:
(a) a statutory body representing the Crown, or (b) a local council, is exempt from the provisions of this Part.
[2] Section 9 Receipts for certain preliminary deposits to indicate that sale is by instalment contract
Omit “the costs, not exceeding an amount prescribed by regulations undertaking, for the reasonable costs”.
under this Act,” from section 9 (2) (a) (i).[3] Section 9 (3)
Insert after section 9 (2):
(3) The amount for reasonable costs stated in the undertaking under subsection (2) (a) (i) may be varied by agreement in writing between the vendor and purchaser at any time before execution of the instalment contract by the purchaser.
Land Sales Amendment Act 1998 No 4
| Schedule 1 | Amendments |
Section 14 Notice of intention to charge land to be given to purchaser and trustee
Omit “the form prescribed by regulations made under this Act” from
section 14 (1).
Insert instead “a form approved by the Registrar-General”.
Section 30
Insert after section 29:
30 Savings and transitional provisions
The Sixth Schedule has effect.
Fifth Schedule
Omit “the costs (not exceeding the amount prescribed by the regulations under the Land Sales Act 1964)” from paragraph 2 (a) of the Fifth Schedule.
Insert instead “an amount, not exceeding an amount stated in the undertaking, for the reasonable costs”.
Sixth Schedule
Insert after the Fifth Schedule:
Sixth Schedule Savings and transitional provisions
(Section 30)
1 Regulations
(1)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Land Sales Amendment Act 1998
Land Sales Amendment Act 1998 No 4
Amendments Schedule 1
(2)
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
2 Forms
A form prescribed under section 14 as in force immediately before the amendment of that section by the Land Sales Amendment Act 1998 is taken to be an approved form under that section, as amended, until a form is approved by the Registrar-General under that section.
3 Undertakings
(1) In this clause: amending Act means the Land Sales Amendment Act
1998.(2)
The amendments made to section 9 by the amending Act do not apply to an undertaking tendered by a vendor to a purchaser before the commencement of those amendments.
Land Sales Amendment Act 1998 No 4
| Schedule 1 | Amendments |
(3)
Clause 5 of the Land Sales Regulation 1997, as in force immediately before its repeal by the amending Act, continues to apply to an undertaking referred to in subclause (2) as if that Regulation were still in force.
[Minister’s second reading speech made in-
Legislative Assembly on 1 April 1998 Legislative Council on 28 April 1998]
0
0
0