Land Sales Control Act 1948 (NSW)

LAND SALES CONTROL ACT.

Act No. 28, 1948.

An Act to make provision for regulating and controlling prices payable in respect of certain transactions in land; and for purposes connected therewith. [Assented

to, 24th August, 1948.]

BE it enacted by the King 's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­	Wales in Par l iament assembled, and b y the au thor i ty of
t he same, as follows :—

1 . (1) This Act may be cited as the " L a n d Sales

Control Act, 1948 ."

(2) This Act shall commence upon a day to be appointed by the Governor, and notified by proc lamat ion published in the Gazette.

I n this Act unless the context or subject otherwise indicates or requi res— m a t t e r

2 .

"Commonwea l th R e g u l a t i o n s " means the regula­

tions having the title of the Nat ional Secur i ty (Economic Organisa t ion) Regulat ions as in force immediately before the commencement of this Act unde r the Defence (Trans i t iona l

Act.

Provis ions) Act 1946-1947 of the P a r l i a m e n t of

the Commonwealth.

" C o u n t r y l a n d " means land used for agr icu l tura l ,

pas tora l , hor t icul tura l , v i t icul tura l , apicul tura l ,

da i ry farming, poul t ry f a rming or other	like
purposes .

" R e g u l a t i o n s " means regula t ions made under th is

3. (1) Excep t as provided by this Act, a person shall not , wi thout the consent in wr i t ing of the Minis ter—

(a ) purchase any l a n d ;

(b) take an option for the purchase of any l a n d ;

(c) take any lease of l a n d ;

(d)	take a transfer or assignment of any lease of
l and ; or

(e) otherwise acquire any land.

(2) Nothing in this section shall p revent—

(a)	the taking of a lease of land (other than country land) to be used by the lessee where the t e rm of the lease does not exceed three yea r s and is to commence not more than three months a f te r the da te of the lease ;
(b)	the taking of a transfer or assignment of a lease of land (other than country land) to be used by the t ransferee or assignee where t he unexpired por t ion of the t e rm of the lease does
not exceed three y e a r s ;
(c)	the taking of an option for the purchase of any land where the per iod within which the option may be exercised is limited to one month a f t e r the taking of the opt ion;

(d) the acquisition of land by way of gi f t ;

(e)	any transaction to which the State or Common­ wealth, or any au thor i ty thereof, or person act ing on behalf thereof (other than the Public
Trus tee ) is a p a r t y ;
(f)	the acquisition of land on sale under a writ or
w a r r a n t of execution issued out of any cour t ;

or

(g) any transaction by way of renewal or extension of a lease which was in existence p r io r to the twentieth day of F e b r u a r y , one thousand nine hundred and forty-two, where the rent unde r the lease as, renewed o r extended does not exceed the ren t payable unde r the lease p r io r to the renewal or extension.

(3)

(3) An applicat ion for the consent of the Minis ter under this section shall be in wri t ing . The regula t ions may prescr ibe the form of such applicat ion and the pa r t i cu la r s and informat ion to be set out therein, may requi re tha t any s ta tement made in the applicat ion shall be verified by s t a tu to ry declarat ion and m a y prescr ibe the persons by whom any such s t a tu to ry declarat ion shall be made .

(4) The Minis ter may require any person who is a p a r t y to a proposed t ransac t ion in respect of which a n applicat ion is made for the Min is te r ' s consent unde r this section to furnish in wr i t ing to the Minis ter such pa r t i cu la r s of the proposed t ransac t ion and of any t ransac t ion connected therewith as the Minis ter requires .

(5) I n the case of an appl icat ion for consent to purchase any land the applicat ion shall be accompanied by a valuat ion of the land by an independent approved valuer , unless the Minis ter dispenses with such a valuat ion.

(6) W h e r e an applicat ion is made for the consent of the Minis ter to any proposed t ransact ion, being the purchase of land, the taking of a lease of land, the taking of a t r ans fe r or ass ignment of a lease of land or any o ther acquisition of land, the Minis ter may, before giving consent, if a valuat ion has not been furnished under subsection five of this section, require to be furnished to him a valuat ion, by an independent approved valuer, of

the subject m a t t e r of the proposed	t ransact ion.
(7) A valuat ion under subsection five or subsection six of this section—

(a)	if the proposed transaction is the purchase of any land—shall specify the amount which would have been a fa i r and reasonable price for the land as a t the tenth day of F e b r u a r y , one thousand nine hundred and forty-two, or, if the valuat ion is a valuat ion by the Valuer-General , may be the las t valuat ion of the land made by
the Valuer -Genera l ; and
(b)	in any other case—shall specify the value of the
subject m a t t e r of the t ransac t ion as a t a da te

specified by the Minister .

(8)

(8) W h e r e the Minis ter is no t satisfied wi th any valuat ion furnished under subsection five or subsection six of this section, he may—

(a)	require the valuer to furnish such information
concerning the valuat ion as the Minis ter

specifies; and

(b)	require to be furnished to him a further valuat ion by an approved valuer nominated by
the Minister .
(9)	An appl icant for the Min i s t e r ' s consent unde r

this section shall set out in his applicat ion full and correct pa r t i cu la r s (including the amount of the considerat ion pa id or payable) of any option which has been g ran t ed to or by the applicant , o r to the wife or husband of the applicant , in relat ion to the land or lease specified in the applicat ion.

(10) W h e r e an appl icant fails to comply with subsection nine of this section, any consent given under this section to the t ransac t ion the subject of the appl icat ion shall be void and of no effect.

(11) W h e r e an appl icant for consent to purchase any land on which is erected a dwelling-house has informed the Minis ter tha t he intends to live in the dwelling-house, the appl icant shall not, wi thout the consent in wr i t ing of the Minister , let the land.

(12) W h e r e a t ransac t ion prohibi ted by this section

has been entered into subject to the consent of the Minis ter there to being obtained, the t ransac t ion shall be

deemed not to have been entered into in contravent ion of this section if an appl icat ion for the consent of the	Minis ter is made within three months af ter the date of
the t ransact ion , but the t ransac t ion shall not have any effect unless the Minis ter gives his consent thereto within a per iod of six months af ter the da te of the t ransac t ion , or within such other per iod as is agreed on in wri t ing, a t the time the t ransac t ion is entered into or at any t ime thereaf ter , by all the par t i es to the t ransac t ion or, where the agreement is made af ter the death of any pa r ty , by the surviving pa r t i e s and the legal personal represen ta ­
tive of the deceased p a r t y .

(13)

(13) Notwi ths tanding any th ing contained in this

Act, the Minis ter shall not refuse to g r a n t his consent unde r subsection one of this section, or make the g r a n t i n g of his consent subject to any condition, except for the purpose of g iv ing effect to a policy of p revent ing or l imit ing increases in prices of land.

(14) I n this section—

" a p p r o v e d v a l u e r " m e a n s —

(a) the Valuer -Genera l ; or

(b) any other person who has had not less t han ten y e a r s ' continuous experience as a valuer and is for the t ime being approved by the Minis ter as a valuer for the purposes of this Ac t ;

" l a n d " includes every share , in teres t or r ight in a tenement or claim under the Mining Act, 1906, or any Act amending tha t Act.

(15) (a) Any person who immediately before the commencement of this Act was an approved va luer within the meaning of p a r a g r a p h (b) of the definition of " a p p r o v e d v a l u e r " in sub-regulation eleven of regula t ion six of the Commonwealth Regulat ions shall be deemed to be a person for the time being approved by the Minis ter for the purposes of p a r a g r a p h (b) of

the definition of " a p p r o v e d v a l u e r " in subsection four­

teen of this section.
(b) The approva l of the Minis ter of any person as an approved valuer unde r subsection fourteen of this section or under p a r a g r a p h (a) of this subsection m a y be revoked by the Minis ter a t any time by notice in

wr i t ing served by post on such person.

4 . (1) (a) The Sec re ta ry for Lands may, from time to t ime, by order published in the Gazette, declare country land specified in the order to be land suitable for set t lement by fo rmer members of the Defence Force .

(b) Any order made by the a p p r o p r i a t e

Minis ter before the commencement of this Act u n d e r sub-regulat ion one of regula t ion 6A of the Commonwealth Regulat ions , and in force in this S ta te immediately before such commencement shall continue in force and shall be deemed to have been made under p a r a g r a p h (a) of t h i s

subsection. (c)

(c) Any. order m a d e or deemed to have been
made under this subsection may be- revoked by the
Sec re ta ry for Lands, by order published in the Gazette.
(2) The Minis ter shall- not g ran t consent to an
appl icat ion under section three of th is Act re la t ing to
l a n d specified in any such order if he- is satisfied, af ter
consultat ion with the Secre ta ry for Lands , t ha t the land

is likely to be required for set t lement by former members

of the Defence Force .

5. (1) W h e r e , after the commencement of this. Act, consent has been given under section three of this Act t o any t ransac t ion or proposed t ransact ion, and the person from whom the land, option or lease is to be or has been purchased, taken or otherwise acquired accepts o r has accepted in respect of the t ransac t ion or proposed t ransac t ion any considerat ion in excess of the considera­ t i on provided for in the t e rms of the t ransac t ion or proposed t ransac t ion as so consented to, the person who has paid or given the excess considerat ion may, notwith­ s tanding tha t he is or may be concerned in a contravent ion of this Act in re la t ion to the t ransact ion , bu t subject to subsection two of this section, recover the amount or value of the excess considerat ion as a debt from the person to whom it was so pa id or given by action in any court of competent jur isdict ion.

(2) The court in which any such action is b rought may, if, in i ts discretion, it considers t ha t the circum­ stances of the case so war ran t , refuse to give judgment for the plaintiff, or give judgment for the plaintiff in respect of p a r t only of the amount or value of the excess

considerat ion,

6...Nothing in this Act shall prevent—

(a)	any transaction to give effect to a contract or agreement in wr i t ing entered into p r io r to the twentieth day of F e b r u a r y , one thousand nine hundred and for ty- two;
(b)	the exercise of any option in writing given

before tha t d a t e ;

(c) any transaction—

(i) by way of;mortgage or sub-mortgage;

(ii) by way of d ischarge of a mor tgage or

H sub-mor tgage ; (iii)

(iii)   by way of transfer or assignment of a mor tgage to a g u a r a n t o r who, in pursuance of the t e rms of his gua ran tee , h a s repa id the whole or p a r t of the

moneys due unde r the m o r t g a g e ;

(iv)    by way of pa r t i t ion between co-owners;.

(v)   by way of deed of family arrangement between beneficiaries under a will o r se t t lement ;

(d)	the vesting in the personal representative of a deceased person, in his capaci ty as such, of a n y
p r o p e r t y or any in teres t in any p r o p e r t y ;
(e)	any transaction which vests any property, or any in te res t in p rope r ty , in any t rus tee of the es ta te of a deceased person, in a t rus tee in bankruptcy, or in any new t rus tee under any
ins t rument , in his capaci ty as t r u s t e e ;
(f)	any transaction which is without consideration in money or money ' s wor th and the purpose of which is to vest any proper ty , o r any in teres t in p rope r ty , in any person beneficially enti t led there to unde r or by v i r tue of any will o r
in tes tacy ; or
(g)	the execution of any deed of assignment under P a r t X I of the Bankrup t cy Act 1924-1946 of the P a r l i a m e n t of the Commonwealth, or of any
deed of a r r angemen t unde r P a r t X I I of t ha t

Act.

7 . (1) (a) The Governor may by regula t ions exempt from the whole or any of the provis ions of this Act, and

ei ther uncondit ionally or subject to such conditions as

are specified in the regula t ions—

(i)   persons of any particular class specified in the regu la t ions ;

(ii)   lands of any particular class specified in the regu la t ions ;

(iii) lands s i tuated in any par t i cu la r p a r t of t he

S ta te specified in the regu la t ions ; or

( iv) t ransac t ions of any par t i cu la r class specified in

the regulat ions .

(b)

(b) Any order made before the commencement of th is Act under sub-regulation one of regulat ion nine of the Commonwealth Regulations and in force in this S ta te immediately before such commencement shall continue in force in all respects as if such order had been made by regulat ions made under this Act, and m a y be rescinded, var ied or amended accordingly by regulat ions m a d e under this Act.

(2) W h e r e applicat ion is made for the consent of the Minis ter under section three of this Act, the Minis ter may , in his absolute discretion, g ran t the consent, ei ther uncondit ional ly or subject to such conditions as he thinks fit, or refuse to g r a n t the consent.

(3) W h e r e any consent or exemption is g ran ted subject to condit ions, a person shall comply with all such conditions as a re applicable to him.

8. (1) W h e r e any t ransac t ion is entered into in contravent ion of this Act, or where any condition to which the t ransac t ion is subject is not complied with, t he t ransac t ion shall not thereby be invalidated, and the r igh ts , powers and remedies of any person thereunder shal l be the same as if this Act had not been enacted.

(2) Nothing in this section shall affect the liability of any person to any penal ty in respect of any contraven­ t ion of this Act.

9 . The Regis t ra r -Genera l may, upon submission to h im for reg is t ra t ion of any ins t rument re la t ing to a t r ansac t ion in connection with any land, requi re such evidence as he deems necessary tha t the t ransac t ion to which the ins t rument relates is not in contravent ion of

a n y provisions of this Act and may refuse to reg is te r	the ins t rument unt i l such evidence is submitted to him.
1 0 . (1) A person shall not, without the consent in wr i t ing of the Minister , purchase or otherwise acquire a n y resident ial business.

(2) An applicat ion for the consent of the

Minis ter under subsection one of this section shall be in wri t ing . The regulat ions may prescr ibe the form of such application, and the pa r t i cu la r s and informat ion to be set out therein, may requi re tha t any s ta tement made in the appl icat ion shall be verified by s ta tu tory declara­ t ion, and may prescr ibe the persons by whom any such

s t a t u t o r y declarat ion shall be made. (3)

(3) The Minis te r m a y require any person—

(a) to furnish him with such information as he may

r e q u i r e ;

(b) to attend and give evidence before him or before

any officer author ised by him in tha t behalf; Or

(c) to produce and leave with him or any officer

so author ised all books, documents and Other p a p e r s whatever in his custody or under h i s control,

concerning any resident ial business in respect of which an applicat ion for consent is made under this section or concerning any proposed purchase or other acquisi t ion

of the business.

(4) The Minis ter may require the informat ion o r evidence to be given on oath and ei ther verbal ly or in wri t ing, and for tha t purpose he or the officer so- author ised may adminis ter an oath.
(5) A person shall not refuse or fail to comply with a requi rement made under subsection three of this section.

(6) Subject to this section, any consent g r an t ed under this section to any person shall, in addi t ion to such other conditions as the Minis ter thinks fit, b e subject to the condition t h a t the person to whom the consent is g ran ted—

(a) shall not require any person lodging or boarding and lodging in the building in respect of which the business is being car r ied on to vacate h i s

lodging on any ground other than tha t—

(i)   payment for his lodging or board and lodging has not been made within two weeks af ter it became d u e ; or

(ii)   he has been guilty of conduct which is

a nuisance or annoyance to the person to whom the consent is g ran ted or to

the other lodgers or b o a r d e r s ;

(b) shall not charge a rate for any kind of dodging

or board and lodging in t ha t building higher than

the r a t e permi t ted by or unde r the P r i c e s Regula t ion Act, 1948, to be charged for that , kind of lodging or bea rd and lodg ing ; . and

(c)

(c) shall not refuse or fail to provide for any person lodging in the bui lding board of substant ial ly the same kind as the board provided fo r t ha t person by the person from whom the business i s purchased or otherwise acquired.

(7) W h e r e applicat ion i s made for ,the consent of the Minis ter under this section, he may in his absolute discret ion g ran t the consent ei ther uncondit ionally or subject to such conditions as he thinks fit or refuse to

g r a n t the consent.

(8) A person shall not contravene or fail to comply with any conditions subject to which any consent is g ran ted to him under this section.

(9) F o r the purposes of this section—

(a)	the t e rm " b u i l d i n g " does not include a building licensed under the Liquor Act, 1912, as amended
by subsequent A c t s ;
(b)	the expression " re s iden t i a l bus ines s , " in relat ion to any building, means the business of provid ing in tha t building lodging or board and lodging for valuable considera t ion: and
(c)	a person shall be deemed to acquire a residential business if he acquires—

(i)   a lease for any period of the building; or

(ii) all or a substant ia l p a r t of the furni ture , p lant and equipment which has been used for the purposes of the business and re ta ins tha t furni ture , p lant and

equipment in the building,

in respect of which the business i s car r ied on.

1 1 . (1) The Minis ter may, in relat ion to any

par t i cu la r m a t t e r or class of ma t t e r s , or in relat ion to any

pa r t i cu la r p a r t of the Sta te , by wr i t ing under his hand, delegate all or any of his powers and functions under this Ac t (except this power of delegation) so tha t the delegated powers or functions may be exercised by the delegate with respect to the m a t t e r or class of ma t t e r s ,

or the p a r t	of the	Sta te , specified	in the i n s t r u m e n t	of
delegation.

( 2 )

(2) E v e r y delegation under this section shall be revocable a t will, and no delegation shall p revent the exercise of any power o r function by the Minister .

(3) W h e r e under this Act the exercise of any power or function by the Minis ter is dependent upon the opinion, belief or s ta te of mind of the Minister in re la t ion to any mat te r , t ha t power or function may be exercised by the delegate upon the opinion, belief or s ta te of mind of t ha t delegate.

1 2 . A person shall not make to the Minister, or to any person hav ing duties connected with the provisions of this Act, any s ta tement , whether oral or in wr i t ing , re la t ing to any m a t t e r deal t with or a r i s ing under this Act, which he knows to be un t rue in any par t icu la r o r which is made by h im without his having first made

p rope r inquir ies to ascer ta in the t r u t h thereof.

1 3 . A person shall not—

(a)	en ter into any contract or agreement p u r p o r t i n g to do whether present ly or a t some future t ime or upon the happen ing of any contingency, any th ing forbidden by this Ac t ; or
(b)	enter into any transaction, or make any contract or a r rangement , whe ther orally or in wr i t ing , for the purpose of or which has the effect of, in any way, whether direct ly or indirectly, defeat­ ing, evading or avoiding or p revent ing the operat ion of this Act in any respect.
1 4 . (1) The Minister may, by order , require any person—
(a) to furnish to the Minister, or to such other person as he directs , such information as the

Minis ter or t ha t other person r equ i r e s ; and

(b) to attend and give evidence before the Minister o r such other person as the Minister directs ,

wi th respect to any act, t ransact ion , ma t t e r or th ing prohibi ted by th is Act or to which any provision of th is Act applies , and may requi re him to produce all books, documents and other pape r s whatever in his custody or under his control re la t ing there to .

(2)

(2) The Minis ter m a y require the informat ion or evidence to be given on oath or affirmation and ei ther orally or in wr i t ing and for t ha t purpose the Minis ter or person before whom the evidence is given m a y adminis te r an oath.

The Minis ter may require tha t any informat ion or

pa r t i cu la r s required to be furnished to him or to any person under this Act, shall be verified by s t a tu to ry declarat ion.

(3) A person shall not—

(a)	refuse or fail to comply with any requirement made in pursuance of subsection one or sub­ section two of this section; or
(b)	with intent to evade the provisions of this Act, destroy, muti la te , deface, secrete, or remove any book, document or other paper .

1 5 . (1) A n y person who contravenes or fails to comply with any provis ion of this Act or the regulat ions, or any order , direction or other ins t rument made or given under this Act shall be guil ty of an offence aga ins t this Act.

(2) No prosecut ion for an offence against this

Act shall be ins t i tu ted without the wr i t t en consent of

the Minister .

(3) Any person who is guilty of an offence agains t this Act shall be liable—

(a)	if a body corporate—to a penalty not exceeding two hundred pounds ;
(b)	if any other person—to a penalty not exceeding one hundred pounds, or to impr isonment for a
penal ty and imprisonment . t e rm not exceeding six months , or to both such
(4) W h e r e a person convicted of an	offence

agains t this Act is a body corporate , every person who a t the t ime of the commission of the offence, was a director or officer of the body corporate shall be deemed to have committed the like offence and be liable to the pecuniary penal ty or impr isonment or both provided by this section in the case of such an offence by a person other than a body corporate accordingly, unless he proves tha t the offence was committed without his knowledge, or tha t he used all due diligence to p reven t the commis­

sion of the offence. 16.

16. All proceedings for offences aga ins t this Act or
the regula t ions shall be disposed of in a summary manner

before a court of pot ty sessions holden before a st ipen­

d ia ry mag i s t r a t e s i t t ing alone.

1 7 . (1) The Governor may make regula t ions no t

inconsistent with this Act prescr ib ing all ma t t e r s which a re requi red or permi t ted by this Act to be prescr ibed or which are necessary or convenient to be prescr ibed for the purpose of car ry ing out or giving effect to this Act.

(2) The regulat ions shall—

(a) be published in the Gazet te ;

(b)	take effect from the date of publication or from
a la te r date to be specified the re in ;
(c)	be laid before both Houses of Parliament within fourteen s i t t ing days af ter the publication thereof if Pa r l i amen t is in session, and if not, then within fourteen s i t t ing days af ter the commencement of the next session.

If ei ther House of Pa r l i amen t passes a resolution of which notice has been given a t any t ime within fifteen s i t t ing days af ter such regula t ions have been laid before such House disallowing any regulat ion or p a r t thereof, such regulat ion or p a r t shall thereupon cease to have effect.

1 8 . (1) This Act shall remain in force for a period of twelve months from the da te of commencement thereof and. no longer.

(2) The expiry of th is Act shall not affect the t aken thereunder or any penal ty incurred in respect of	previous operat ion thereof or the val id i ty of any action	any contravent ion of or failure to comply wi th th is Act or, any proceeding or remedy in respect of any such
pena l ty or punishment .

S U P P L Y