Land Titles Act 1925 (ACT)
Land Titles Act 1925
A1925-1
Republication No 52
Effective: 15 May 2025
Republication date: 15 May 2025
Last amendment made by A2025‑3
(republication for amendments by A2024‑11)
About this republication
The republished law
This is a republication of the Land Titles Act 1925 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 15 May 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 15 May 2025.
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 $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Land Titles Act 1925
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Meaning of registrable form 2
5 Application to married women’s property 3
Part 2 Administration
7 Registrar-general’s seal of office etc 4
Part 3 General powers of registrar‑general
14 Powers of registrar-general 5
15 Penalty for obstructing registrar-general 9
Part 4 Future grants of freehold and of certain Crown leaseholds
17 Crown grants and certain Crown leases under Act 10
Part 5 Applications to bring land under Act and proceedings on applications
Division 5.1 Requirements of applications
18 Land brought under Act 11
19 Judge may order production of deeds for purpose of application 14
20 Applicant to surrender documents of title and to furnish abstract if required 14
Division 5.2 Procedure on applications
21 Applications to be considered by registrar-general 15
22 When applicant is not original grantee or any transactions registered 16
23 When evidence of title imperfect 16
24 Notice of application to be published 17
25 Registrar-general bringing land under Act 18
26 On a return of notices or failure of personal service, registrar-general may proceed or give further directions 18
27 Applicant may withdraw application 19
28 Land occupied may be brought under Act by different description from that in title on special application 19
29 Applications to bring land under Act may be granted for land occupied under, but not described in, title deeds 20
Division 5.3 Caveats against original applications
30 Parties interested may enter caveat 20
31 If caveat be received within time limited proceedings stayed 21
32 Caveats lapse unless proceedings taken within 3 months 21
33 Special case 22
34 Where caveator fails to prosecute proceedings 23
Part 6 Bringing land under the Act—miscellaneous
35 Documents of title how to be dealt with 24
37 Crown grants 24
Part 7Land registered under Real Property Act 1900 (NSW)
38 Bringing under this Act of land to which State Act applies 25
39 Transfer of records 25
40 Recognition of transferred records 26
41 Duplicate grant etc handed over to be deemed original grant 26
42 Land referred to in pt 7 to be subject to certain reservations etc 27
Part 8 Register book and registration
43 Registrar-general to keep register 28
44 Form of certificate of title 29
45 One certificate may be issued for lands not contiguous 29
46 Registering fee simple estate for which leasehold interest registered 29
47 When instruments etc taken to be registered 30
47A Registration of transfers of mortgages, subleases etc 30
47B Registration of memoranda of provisions 30
47C Registration of instruments effecting dutiable transaction 31
48 Instruments—registration and priority 32
48A Refusal to accept instruments for lodgment 33
48B Lodgment of instruments—registrable form 33
48BA Lodgment of instruments by legal practitioners—certification 34
48BB Lodgment of instruments by mortgagee corporations—certification 36
48BC Lodgment of instruments by self‑represented parties—verification of identity and authority 37
48BD Signature and witnessing requirements—legal practitioners and mortgagee corporations 37
48BE Verification of identity rules 38
48BF Verification of authority rules 38
48BG Compliance audits—lodgments by legal practitioners and mortgagee corporations 39
48BH Non-compliance—registrar-general may require additional documents 40
48BI Power to refer to appropriate authority 42
48C Correction of errors prior to registration 42
51 Instruments not to be registered 43
52 Issue of new certificate of title after change in register 44
53 Evidence as to title 44
54 Joint tenants and tenants in common 45
55 Survivor of joint tenants 45
56 Remainderperson or reversioner may be registered as such 46
58 Estate of registered proprietor paramount 46
59 Purchaser from registered proprietor not to be affected by notice 47
60 Protection as to notice of transferee before registration 47
64 Registrar-general may require map to be deposited 48
65 Certified copies of register 48
66 Searches 49
67 Issue of uncertified copies 49
68 Registrar-general may register as proprietor person entitled to land by operation of statute or by defeasance of estate 50
69 Statute of limitations not to run against land under Act 51
Part 8A Record of administrative interests
69A Meaning of administrative interest—Act 52
69B Meaning of authorised entity—pt 8A 53
69C Record of administrative interests 53
69D Protection from liability—administrative interests 54
Part 9 Crown leases
70 Registration of Crown leases 56
71 Dealings with Crown leases 56
72A Registration of variations 56
72AB Registration etc of orders under Planning Act 2023 57
72B Dealing with land before grant or registration of Crown lease 57
72C Memorial of compliance with building and development provision in lease 58
72D Memorial of application of certain provisions etc under Planning Act 2023 58
Part 10 Dealings
Division 10.1 Transfers
73 Memorandum of transfer 60
77 Transferee—interests and obligations 61
78 Transfer of mortgage or lease—right to sue 61
79 Proprietor may vest estate jointly in self and others without limiting any use or without reassignment 61
80 Endorsement when land becomes Crown land 62
81 Short words for creation of right of way 62
Division 10.2 Leases
82 Form of lease 62
83 Right of purchase or covenant to purchase may be inserted 63
84 Mortgagee etc not bound by lease unless consent given 63
85 Certain unregistered leases valid, but not rights of purchase or renewal under them 64
86 Surrender of lease 64
87 Registration of re-entry by lessor 67
87A Entry of expiration of lease in register 68
87B Resumption and withdrawal of land from lease 68
87C Extension or variation of lease 68
88 Lessee may sublet 70
88A Application of land sublease provisions 70
88B Land subleases—registration 71
88C Land subleases—mortgages 71
88D Land subleases—transfers 71
88E Land subleases—no further subleases 75
88F Land subleases—surrender 75
88G Withdrawal of land under land sublease 75
88H Surrender etc of land sublease—payment for improvements 76
88I ACAT review of value of improvements on land under land sublease etc 77
88J Recovery of land under land sublease if sublessee in unlawful possession 78
89 Provisions as to leases to apply to subleases 78
90 Determination of lease to determine sublease 78
91 Covenants to be implied in subleases 79
Division 10.2A Surrender of lease
91A Surrender of lease not to affect sublease 79
91B Surrender of lease not to affect mortgage 80
91C New lease—continuation of interests noted on surrendered lease 81
Division 10.3 Mortgages and encumbrances
92 Land—how mortgaged or encumbered 81
92A Mortgage or encumbrance—postponement of priority 82
93 Mortgage or encumbrance—effect 84
94 Power to sell 85
95 Sale by mortgagee—vesting 87
95A Sale by court order—application by mortgagor etc 88
96 Default, entry and possession—action for recovery 89
97 Order for foreclosure on default 89
98 Application—how made effective 90
99 Mortgagee to receive rent 91
100 Mortgagee of leasehold entering into possession liable to lessor 92
100A Right of Territory if determination revoked and amount secured not paid 92
101 Discharge of mortgages and encumbrances 94
101A Variation of mortgages 94
102 Entry of satisfaction of annuity 95
103 Facilitation of redemption in case of absent or unknown mortgagees 96
Division 10.3A Memoranda of provisions
103A Registration of memoranda of provisions 97
Division 10.3B Easements and other incorporeal rights
103B Easements—registration 97
103C Easements in gross—registration, transfer and extinguishment 98
103D Easements—same owner of benefited and burdened land 99
103DA Easements—subdivision of dominant tenement 99
103E Extinguishment of easement 100
103F Easements—variation 101
103G Incorporeal rights—registration 102
103H Incorporeal rights—extinguishment 102
Division 10.4 Caveats against dealings
104 Lodging of caveat 102
104A Entering caveat in register 105
104B Withdrawal of caveats 105
105 Notice of caveat 106
105A Surrender and regrant of lease of land affected by caveat 107
106 Caveat lapsing 107
107 Removal of caveat 108
107A Effect on dealings 109
107B Removal of caveat by registrar-general 109
107C Successive caveats 109
108 Compensation for lodging caveat without reasonable cause 110
Division 10.5 Determinations under Rates and Land Rent (Relief) Act 1970
108A Certain documents under Rates and Land Rent (Relief) Act 1970 to be instruments affecting land 110
108B Effect of registration of determination 110
108C Registration of memorandum of discharge 111
Part 11 Implied covenants and short forms of covenants
109 Effect of covenant 112
110 Covenants by person with self and another or others 112
111 Implied covenants to be joint and several 112
112 Implied covenants may be modified or negatived 113
113 Benefit of implied covenants 113
114 Construction of implied covenants and provisions 113
115 Implied covenants with mortgagees 114
116 General covenants to be implied in instruments 114
117 Transferring of land subject to mortgage, encumbrance or charge to indemnify transferor 114
118 Covenant implied in mortgage 115
119 Covenants of lessees 115
120 Powers in lessor 116
121 Abbreviated forms of words for covenants in leases 118
122 Abbreviated form in mortgage 120
123 Pt 11 not to apply to Crown leases 121
123A Pt 11 not to apply to residential tenancy agreements 121
123B Pt 11 does not apply to leases under Leases (Commercial and Retail) Act 121
Part 11A Building management statements
123C Definitions—pt 11A 122
123D Building management statement may be registered 123
123E Effect of building management statement 124
123F Formal requirements for building management statement 125
123G Building management committee—procedure 127
123I Territory planning authority approval of building management statement 128
Part 12 Trusts
124 No notice of trusts to be entered in register 129
125 Grants may be registered although trusts declared 129
128 Registrar-general to carry out order of court vesting trust estate 130
Part 13 Powers of attorney
130 Powers of attorney 131
Part 14 Transmissions
132 Transmission by bankruptcy or insolvency 132
133 Mortgagee of leasehold interest of bankrupt may be entered as transferee of lease 133
135 Transmission on death of proprietor 133
136 Trusts—protection 135
138A Appointment of new or additional trustees 135
138B Registration of declaration by executor 136
Part 15 Fees and forms
139 Determination of fees, charges and other amounts 137
140 Approved forms 138
Part 16 Civil rights and remedies
143 Damages in certain cases 139
144 Damages and costs to be paid by Territory 139
145 Moneys paid by Territory may be recovered against estate of deceased or bankrupt person 139
146 Where person liable is out of jurisdiction 140
147 Territory only liable in certain cases 141
148 Proprietor may summon registrar-general to show cause if dissatisfied 141
149 Special case when applicant dissatisfied with objection of registrar‑general 142
150 Registrar-general may state case for court 142
151 Costs of proceedings 143
152 Registered proprietor protected against ejectment except in certain cases 143
153 In case of ejectment of defendant who has made improvements their value may be assessed 144
154 Compensation for party deprived of land 145
155 When actions may lie against registrar-general as nominal defendant 146
156 Notice of action 146
158 Registrar-general not to be liable for acts done bona fide 147
159 Purchasers and mortgagees protected 147
Part 17 Corrections and alterations
160 Correction of errors 148
161 Power of court 149
162A Amend or alter name or address entered in register 150
Part 19 Miscellaneous
165 Offence for certain fraudulent acts 151
166 Conviction not to affect civil remedy 152
167 Prosecutions and recovery of penalties 152
168A Document bearing imprint of seal of registrar-general 152
170 Sales by order of court etc 153
170A Surrender and regrant of lease of land affected by writ 154
171 Conditions of sale of land under Act 155
173 Attesting of instruments 155
178 Service of notices 156
178A Registrar-general may collect information 156
178B Registrar-general must give information about certain transactions and instruments to revenue commissioner 157
178C Expiry of provisions 160
179 Regulation-making power 160
Part 20 Transitional
180 Savings of titles with words ‘no survivorship’ endorsed 161
Schedule 1 162
Dictionary163
Endnotes
1 About the endnotes 167
2 Abbreviation key 167
3 Legislation history 168
4 Amendment history 184
5 Earlier republications 213
Land Titles Act 1925
An Act to provide for the registration of title to land, and for related purposes
Part 1Preliminary
Name of Act
This Act is the Land Titles Act 1925.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘registrable form, for an instrument—see section 4.’ means that the term ‘registrable form’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
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.
Meaning of registrable form
For this Act, an instrument is in registrable form if—
(a)the instrument does not require a material correction, alteration or addition; and
(b)the instrument is in the form (if any) approved under section 140 (Approved forms); and
(c)any document that is required to be produced under section 14 (1) (a) or (c) for the instrument is produced when the instrument is lodged; and
(d)certification under section 48BA or section 48BB, or verification under section 48BC, is provided for the instrument; and
(e)any document for the instrument that is required to be provided under section 48BH (2) is provided when the instrument is lodged; and
(f)the instrument is otherwise in accordance with this Act or another law in force in the ACT.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Application to married women’s property
Nothing in this Act is taken to affect or control any other territory law which deals with married women’s property.
Part 2Administration
Registrar-general’s seal of office etc
A reference in this Act to the seal of office, or the signature, of the registrar-general, deputy registrar-general or acting registrar-general includes a reference to a production by electronic means of the seal or signature, as the case may be.
Part 3General powers of registrar‑general
Powers of registrar-general
(1)The registrar-general may—
(a)require the proprietor or other person making application to have any land brought under this Act, or the proprietor or mortgagee or other person interested in any land under this Act, in respect of which any transfer, lease, mortgage, encumbrance or other dealing or any release from any mortgage or encumbrance has been presented to the registrar‑general for registration under this Act, or in respect of which any transmission is about to be registered or which or any portion of which has been resumed or withdrawn, to produce any grant, conveyance, deed, mortgage, lease, will or other document or instrument in his or her possession or within his or her control affecting the land or the title thereto; and
(b)summon any such proprietor, mortgagee or other person mentioned in paragraph (a) to appear and give any explanation respecting the land or the documents or instruments affecting the title thereto; and
(c)for an instrument lodged under section 48BA or section 48BB—require the legal practitioner or mortgagee corporation to produce a document in relation to which certification under those sections was given; and
NoteThe registrar-general may also require documents in relation to an instrument from a legal practitioner or mortgagee corporation under s 48BH.
(d)keep a record of administrative interests on the register;
NoteAdministrative interest—see s 69A.
(e)administer oaths or may take a statutory declaration in lieu of administering an oath; and
(f)correct or alter the register to the extent and in the manner provided by sections 160, 161 and 162A; and
(g)on the application of a registered proprietor and on production of any evidence that the registrar-general requires—record in the register that an interest in land has been extinguished by merger; and
(h)enter a caveat on behalf of any person under a legal disability or who is absent from Australia, or on behalf of the Commonwealth, to prohibit the transfer or dealing with any land belonging or supposed to belong to any such person, and also to prohibit the dealing with any land in any case in which it appears to him or her that an error has been made by misdescription of the land or otherwise in any document or instrument, or for the prevention of any fraud or improper dealing; and
(i)without erasing or rendering illegible the original measurements, alter—
(i)grants, the register and entries made therein; and
(ii)any maps, plans, documents and instruments deposited or lodged with him or her, whether under this or any other Act;
so as to express in metric units, to the 3rd decimal place, any measurements contained therein that are expressed in imperial units.
(2)The registrar-general has, and may exercise, if a notice of a determination made under the Rates and Land Rent (Relief) Act 1970, section 3, or a memorandum of discharge under that Act, section 18, is presented to him or her for registration, all or any of the powers conferred by subsection (1) as if the notice were a mortgage, or the memorandum of discharge were a discharge of a mortgage, presented to him or her for registration under this Act.
(3)If notice in writing is given to the registrar-general that land, or an interest in land, is affected by—
(a)a Territory or Commonwealth law; or
(b)anything done under a Territory or Commonwealth law;
the registrar-general must make a record in the register that the land or interest has been so affected.
(4)For subsection (3), the following provisions apply:
(a)subject to any relevant provision of the Territory or Commonwealth law, a record made under that subsection takes effect accordingly;
(b)that subsection does not apply to a matter if a provision of a Territory or Commonwealth law makes provision (however expressed) for making a record in the register in respect of the matter.
(5)If a record—
(a)was made in the register before the date of commencement of subsection (3) (the commencement date); and
(b)was not, when made, authorised or required by a Territory or Commonwealth law to be made in the register; and
(c)could, on and after the commencement date, have been made under that subsection;
the record takes effect, on and after the commencement date, as a record made under that subsection.
(6)If—
(a)the register contains a record in relation to land or an interest in land; and
(b)the lease of the land is surrendered by the lessee; and
(c)a new lease of the land comprised in the surrendered lease is granted to the lessee;
the registrar-general must make a corresponding record in the register in relation to the new lease.
(7)The registrar-general may allow a document that is required or permitted to be presented or lodged with the registrar-general for this or any other Act to be presented by such means, including electronic means, as the registrar-general thinks fit.
(8)The registrar-general may deal with any document the registrar‑general is required or permitted to deal with under this Act or another territory law electronically or by any other means the registrar-general considers fit.
Penalty for obstructing registrar-general
(1)If any person upon requisition in writing made by the registrar‑general under section 14 (1) (a), (b) or (c)—
(a)refuses or neglects to produce any document or instrument or to allow it to be inspected; or
(b)refuses or neglects to give any explanation;
he or she commits an offence.
Maximum penalty:
(a)for paragraph (a)—50 penalty units, imprisonment for 6 months or both; and
(b)for paragraph (b)—50 penalty units.
(2)The registrar-general, if any document or instrument so withheld appears to him or her to be material, shall not be bound to proceed with the bringing of the land under this Act, or with the registration of the transfer or other dealing, as the case may be.
Part 4Future grants of freehold and of certain Crown leaseholds
Crown grants and certain Crown leases under Act
(1)Each grant of freehold and each grant for a term exceeding 5 years granted by or in the name of the Commonwealth or by the Territory after the commencement of this Act shall be given to the registrar‑general, and, in addition to proper words, shall refer to a map of the land.
(2)On the registration of the grant, the registrar-general must tell the grantee, in writing, about the registration.
(3)The registration shall be deemed to be an enrolment of record of the grant, and the enrolment shall relate back to the date of the grant, and the grant when registered under this Act shall be sufficient evidence of a duly enrolled grant of the land therein described to the person therein named on the date thereof.
Part 5Applications to bring land under Act and proceedings on applications
Division 5.1 Requirements of applications
Land brought under Act
(1)Land not subject to this Act may be brought under its provisions.
(2)The registrar-general shall receive applications for that purpose if made by—
(a)any person in Australia claiming to be the person in whom the fee simple is vested in possession either at law or in equity:
Provided that in any case where trustees, seized in fee simple, have no express power to sell the land which they seek to bring under the operation of this Act, the person claiming to be beneficially entitled for the first life estate, or other greater estate than a life estate in the land, shall join in the application; or
(b)any person in Australia claiming a life estate in possession, or a leasehold for a life or lives, or having a term of not less than 25 years then current, and any person in Australia claiming a leasehold estate under a Crown lease having a term not less than 5 years then current:
Provided that all persons claiming to be beneficially entitled in reversion or remainder shall join in the application:
Provided further that nothing in the preceding proviso shall be construed as requiring the concurrence of a lessor in an application by a lessee; or
(c)any person in Australia who has the power of appointing or disposing of the fee simple of any land absolutely; or
(d)the attorney in the ACT, under a power of attorney, of a corporation having the power to hold or dispose of land in fee simple:
Provided that—
(i)the power of attorney shall be under the common seal of the corporation, and shall authorise the attorney to apply; and
(ii)the application shall be made for and on behalf of the corporation; and
(iii)the requisite declaration shall be made by him or her to the best of his or her knowledge, information and belief; and
(iv)the application shall be subscribed in his or her own name as such attorney; and
(v)the interest in the land must be registered in the name of the corporation; or
(e)the attorney in the ACT of any person absent Australia who would be entitled to apply if resident in Australia, provided that the attorney is constituted such by an instrument under seal authorising him or her, at his or her absolute discretion—
(a)to sell and convey land for an absolute estate in fee simple, and to give effectual discharges to purchasers; or
(b)as regards applications in respect of a life estate or a leasehold, to deal with life estates and leaseholds respectively;
and the requisite evidence of non-revocation of the power by the grantor’s death or otherwise is furnished; or
(f)a parent or guardian of an infant, in the name of the infant; or
(g)the manager of a person’s property under the Guardianship and Management of Property Act 1991.
NoteIf a form is approved under s 140 (Approved forms) for an application to bring land under this Act, the form must be used.
(3)No such application shall be received—
(a)from a person who has contracted to purchase any land unless either the vendor consents to or joins in the application or the whole of the purchase money has been paid to the vendor or his or her authorised attorney or agent; or
(b)from a person claiming to be entitled to an undivided share of any land unless the person who appears to be entitled to the other undivided share joins in the application with the view of bringing the entirety under this Act; or
(c)from the mortgagor of any land unless the mortgagee joins in the application; or
(d)from the mortgagee of any land except in the exercise of a power of sale contained in the mortgage deed; or
(e)in respect of any land subject to the lien of any judgment or execution creditor unless the creditor consents to the application.
(4)The bringing of any leasehold under this Act shall not be held to extinguish the reversion expectant thereon.
(5)In the event of land being brought under this Act under an application by any person mentioned in subsection (2) (c), the application shall be deemed, both at law and in equity, to be an exercise of the power vested in that person.
Judge may order production of deeds for purpose of application
(1)The judge of the court may, on the application of any person seeking to bring land under this Act, order any specified person who has in his or her possession or under his or her control any deed, document, instrument or evidence of title relating to or affecting the land, to produce, at the office of the registrar-general, on a day to be named in the order, the deed, document, instrument or evidence for the perusal of the registrar-general.
(2)Any order under subsection (1) shall be upon such terms and subject to such conditions as to costs or otherwise as the judge deems fit.
Applicant to surrender documents of title and to furnish abstract if required
(1)Every applicant to bring land under this Act shall, when making his or her application—
(a)deposit with the registrar-general all documents in his or her possession or under his or her control constituting or in any way affecting his or her title, and in the case of a leasehold a certified copy of the lease, and of any other document under which the applicant claims title, and furnish a schedule of those documents, and also, if required, an abstract of his or her title; and
(b)state in his or her application the nature of his or her interest, and of every interest held therein by any other person whether at law or in equity, in possession, or in futurity or expectancy, and whether the land be occupied or unoccupied (and, if occupied, the name and description of the occupant and the nature of his or her occupancy, and whether the occupancy be adverse or otherwise), and the names and addresses of the occupants and proprietors of all lands contiguous to the land in respect to which application is made so far as known to him or her, and that the schedule so furnished includes all documents of title to the land in his or her possession or under his or her control; and
(c)make and subscribe a declaration to the truth of the statement.
(2)The applicant may in his or her application require the registrar‑general, at the expense of the applicant, to cause notice of his or her application to be served upon any person whose name and address is for that purpose therein stated.
Division 5.2 Procedure on applications
Applications to be considered by registrar-general
(1)Upon the receipt of an application, the registrar-general shall cause the title of the applicant, for such period as he or she considers sufficient, to be examined, and shall thereafter take the case into his or her consideration.
(2)If it appears to the registrar-general that the applicant is the original grantee from the Crown of the land in respect of which the application is made, and that no sale, mortgage, or other encumbrance or transaction affecting the title of the land has at any time been registered in New South Wales or in the ACT, and that the applicant has not required notice of his or her application to be served upon any person, the registrar-general may bring the land under this Act forthwith by registering the applicant’s interest in the land.
When applicant is not original grantee or any transactions registered
If it appears to the registrar-general that the land in respect of which application has been made is held by the applicant for the interest described in the application free from mortgage, encumbrance or other beneficial interest affecting the title thereto, or, if any such mortgage, encumbrance or interest remain unsatisfied, that the parties interested therein are also parties to the application, and that the applicant has not required notice of his or her application to be served on any person, the registrar-general must require public notice of the application to be given, and must further limit and appoint a time not less than 1 month nor more than 12 months from the date of notification of the application under the Legislation Act 2001 (see section 24 (Notice of application to be published)) upon or after the expiration of which the registrar-general may, unless he or she has in the interval received a caveat forbidding him or her so to do, proceed to bring the land under this Act.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
When evidence of title imperfect
(1)If it appears to the registrar-general that any parties interested in any unsatisfied mortgage or encumbrance affecting the title to the land or beneficially interested therein are not parties to the application, or that the evidence of title set forth by the applicant is imperfect or that the applicant has required notice of his or her application to be served personally upon any person, the registrar-general may reject the application altogether, or require notice of the application to be served upon all persons who appear to him or her to have any interest in the land the subject of the application, and public notice of the application to be given and advertisements to be published in the official Gazettes of each of the States, at the times and intervals the registrar-general considers appropriate, and must also limit and appoint a time, not less than 2 months nor more than 2 years after the date of the earliest of the Gazette advertisements, or notification of the application under the Legislation Act 2001 (see section 24 (Notice of application to be published)), whichever is earlier, upon or after the expiration of which he or she may bring the land under this Act, unless he or she has in the interval received a caveat forbidding him or her to do so.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(2)The registrar-general may, in his or her discretion, notwithstanding that certain persons are not parties to the application, or that the evidence of title set forth by the applicant is imperfect, take the steps provided in section 22, and may bring the land under this Act; but in that case he or she may require payment to him or her of such special fee as he or she considers adequate in addition to that provided under section 139.
Notice of application to be published
(1)The registrar-general shall, of his or her own motion or under any order of the court, require notice to be published, in such manner as he or she determines or as the order prescribes, that application has been made for bringing the land therein referred to under this Act, and shall also cause a copy of the notice to be posted in a conspicuous place in his or her office and in such other places as he or she deems necessary, and shall forward by registered letter through the post office, a copy of the notice addressed to the persons (if any) who he or she thinks ought to be served with the notice, and to the persons (if any) stated in the declaration by the applicant to be in occupation of the land or to be occupiers or proprietors of land contiguous thereto, so far as his or her knowledge of the addresses of those persons may enable him or her, and, if the applicant has required any such notice to be personally served upon any person named in his or her application, the registrar-general shall require a copy of the notice to be so served upon that person.
(2)The notice of the application is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
(3)The registrar-general must give additional public notice of the notice of application.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
Registrar-general bringing land under Act
If, within the time limited by the registrar-general or under any order of the court, any notice forwarded by registered letter in accordance with section 24 is not returned by the postmaster‑general, and if within the time so limited the registrar‑general has not received a caveat as described in this Act forbidding him or her so to do, and, in any case in which personal notice has been required as aforesaid, if the registrar-general has received proof to his or her satisfaction that the notice has been served, the registrar-general shall bring the land described in the application under this Act by registering the applicant’s interest in the land.
On a return of notices or failure of personal service, registrar-general may proceed or give further directions
(1)Whenever the registrar-general is made aware that any notice required by any applicant to be served personally has failed to be or cannot be so served, he or she shall notify that fact to the applicant, who may, by writing, withdraw the requisition.
(2)Upon the withdrawal of the requisition, or upon the return to the registrar-general by the postmaster-general of any letter containing any notice, the registrar-general may reject the application altogether, or bring the land therein described under this Act forthwith, or after such further interval, notification or advertisement as he or she deems fit.
Applicant may withdraw application
Any applicant may withdraw his or her application at any time before the registrar-general registers the applicant’s interest in the land, and the registrar-general shall in that case, upon request in writing signed by the applicant, return to him or her or the person (if any) notified in the application as having a lien upon the documents, the abstract and all documents of title deposited by the applicant for the purpose of supporting his or her application.
Land occupied may be brought under Act by different description from that in title on special application
On any application to bring land under this Act in which the land actually and bona fide occupied by or under the applicant differs in boundaries, area or position from the land described in his or her documents of title, the applicant may apply to bring under this Act the land so occupied; and in any such case the applicant shall state in his or her application, in addition to the other particulars required by this Act, that the land as so occupied and as to which he or she applies for registration is not correctly described in the documents of title lodged in support of the application, and shall specify to the best of his or her knowledge and belief the reasons for the discrepancy between the land as so occupied and the land as described in the documents of title.
Applications to bring land under Act may be granted for land occupied under, but not described in, title deeds
On an application to bring land under this Act by a description different from that in the documents of title or for the amendment of a grant or the register, the registrar-general may grant the application as to the land occupied by or under the applicant if the discrepancy between the land as so occupied and as described in the documents of title, grant or register appears to be due to the inaccuracy of any survey or plan or description on the sale of the land by the Crown or on any subsequent dealing therewith or to any discrepancy between the actual measurements or bearings at any time made or marked on the ground and those represented or mentioned in any plan or description.
Division 5.3 Caveats against original applications
Parties interested may enter caveat
(1)Any person having or claiming an interest in any land advertised as provided in division 5.2, or the legal practitioner or agent in the ACT of any such person, may within the time limited by the registrar‑general for that purpose lodge a caveat with the registrar‑general, forbidding the bringing of the land under this Act, and every such caveat shall particularise the interest, lien or charge claimed by the caveator.
NoteIf a form is approved under s 140 (Approved forms) for a caveat, the form must be used.
(2)No such caveat shall be received by the registrar-general unless some address within the ACT is appointed therein as the place at which notices and proceedings relating to the caveat may be served.
(3)Any person lodging any caveat with the registrar-general without reasonable cause shall be liable to make to any person who has sustained damage thereby such compensation as is just, and the compensation shall be recoverable in an action at law by the person who has sustained damage from the person who lodged the caveat.
If caveat be received within time limited proceedings stayed
Upon receipt of any such caveat within the time limited by him or her for the purpose, the registrar-general shall notify the receipt thereof to the applicant, and shall suspend further action in the matter, and the lands in respect of which the caveat is lodged shall not be brought under this Act until the caveat has been withdrawn or has lapsed from any of the causes provided in section 32, or until a decision has been obtained from the court.
Caveats lapse unless proceedings taken within 3 months
After the expiration of 3 calendar months from the receipt thereof, every such caveat shall be deemed to have lapsed unless the caveator has, within that time—
(a)taken proceedings in the court to establish his or her title to the interest, lien or charge therein specified, and given written notice thereof to the registrar-general; or
(b)obtained from the court an order or injunction restraining the registrar-general from bringing the land therein referred to under this Act, either absolutely or until the further order of the court.
Special case
(1)Where a caveat against an application to bring land under this Act has been lodged by a caveator claiming the land or a portion thereof or an interest therein adversely to the applicant, the applicant may state a case for the opinion and direction of the court upon the matter, and the caveator may under section 32 apply for an injunction until the further order of the court, and the court may direct the caveator to lodge in the court, on or before a certain day, a case on his or her own behalf, stating whether he or she claims in his or her own right or under another person, together with such other particulars (if any) as the court thinks fit to order.
(2)The court shall thereupon direct issues to be tried as to any facts, or, should no fact be in contest, may decide the matter upon the case stated, and, for those purposes, may make all such orders as the court thinks fit.
(3)The decision of the court finally upon the matter shall be conclusive on the parties and on the registrar-general.
(4)The costs of every proceeding under this section shall be borne by the party finally unsuccessful.
Where caveator fails to prosecute proceedings
Where a caveator has under section 32 given notice to the registrar‑general that he or she has taken proceedings to establish his or her title, but the proceedings have not, within 6 months after the date of writ or commencement of the proceedings, been continued to such a state as to have resulted in a decision, judgment or order by the court in which the proceedings are pending, the registrar-general, on giving 1 month’s notice to the caveator or to the legal practitioner whose name appears on the caveat of his or her intention to proceed, or, if neither of such courses be practicable, then on posting or exhibiting the notice on the land for a period of 30 days, may proceed with the application, notwithstanding section 31, and may bring the land, the subject of the application and of the caveat, under this Act, unless in the meantime an order or injunction restraining the registrar‑general from further proceeding with the application has been served on him or her.
Part 6Bringing land under the Act—miscellaneous
Documents of title how to be dealt with
(1)On registering an interest bringing land under this Act, the registrar‑general shall cancel every document of title deposited by the applicant when making his or her application, and in the case of a leasehold shall endorse upon the lease so deposited a memorandum stating that the lease has been brought under this Act, and shall certify the memorandum by his or her signature and seal, and shall, in the case of a Crown lease, file the lease in his or her office, and, in other cases, return the lease to the applicant, and shall file in his or her office the certified copy of such lease directed by section 20 to be furnished by the applicant.
(2)If any such document relates to or includes any property, whether personal or real, other than the land included in the register, the registrar-general shall endorse thereon a memorandum cancelling the document in so far only as relates to the land included in the register, and shall return the document to the applicant.
(3)The registrar-general shall retain in his or her office all documents so cancelled, except such documents as he or she is by this section directed to return to the applicant, and no person shall be entitled to the production of any such document so cancelled except upon the written order of the applicant or of some person claiming through or under him or her or upon the order of the judge of the court.
Crown grants
Where any person entitled to a grant dies before the grant has been made, the grant may be made to and issue in the name of that person, and the land, the subject of the grant, shall devolve in like manner as if the grant had been made prior to the death of that person.
Part 7Land registered under Real Property Act 1900 (NSW)
Bringing under this Act of land to which State Act applies
(1)This section applies to land in the ACT that is under the Real Property Act 1900 (NSW) (RPA land).
(2)The registrar-general may declare that RPA land described in the declaration is, by force of the declaration, brought under this Act.
(3)For subsection (2), a description of land as the land comprised in a specified Crown grant or in a specified certificate of title under the Real Property Act 1900 (NSW) is a sufficient description of the land.
(4)A declaration under subsection (2) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
(5)On notification under the Legislation Act 2001 of the declaration, the land described in the declaration is under this Act.
(6)The registrar-general may state in the declaration the folio of the register in which each grant or certificate of title, as the case may be, is to be registered.
Transfer of records
The Governor-General may arrange with the Governor of New South Wales for the handing over to the Commonwealth of all duplicate grants and certificates of title, and other documents registered or lodged with the registrar-general of that State in respect of land in the ACT, which, at the date of the commencement of this part, is under the Real Property Act 1900 (NSW), or for the delivery to the Commonwealth of copies of those grants, certificates of title and documents duly certified by the registrar-general of the State as correct copies.
Recognition of transferred records
The duplicate grants and certificates of title and other documents or the certified copies thereof, as the case may be, handed over or delivered to the Commonwealth under section 39, shall be deemed for all purposes thereafter to be duplicate grants and certificates of title and other documents duly registered and authenticated by the registrar-general or lodged with the registrar-general under this Act.
Duplicate grant etc handed over to be deemed original grant
(1)The original of any duplicate grant or certificate of title which, or a certified copy of which, is handed over or delivered to the Commonwealth under section 39 shall, as from the date of the handing over or delivery, be deemed to be an original grant or certificate of title delivered under this Act to the proprietor entitled to the land described therein.
(2)Any instrument or document relating to land included in a grant or certificate of title (the duplicate or a certified copy of the duplicate of which is handed over or delivered to the Commonwealth under section 39) which—
(a)was executed prior to the date of the commencement of this part; and
(b)would have been entitled to registration under the Real Property Act 1900 (NSW) if the land were under that Act;
may be registered under this Act notwithstanding that the instrument or document is not in the form prescribed by this Act.
Land referred to in pt 7 to be subject to certain reservations etc
All land referred to in this part which is subject to any reservation, exception, easement, obligation, trust, encumbrance, mortgage or charge at the time when this part commences shall continue subject thereto until it is lawfully removed or discharged.
Part 8Register book and registration
Registrar-general to keep register
(1)The registrar-general shall keep a register relating to land.
(2)The registrar-general may—
(a)keep the register—
(i)in such form or combination of forms; and
(ii)on such medium or combination of media; and
(iii)in such manner;
as the registrar-general thinks fit; and
(b)at any time, vary the form or medium in which the register or part of the register is kept.
(3)A reference to a medium in subsection (2) includes but is not limited to—
(a)a computer; or
(b)microfilm; or
(c)paper.
(4)The register consists of folios of the register, instruments, plans and registered documents.
(5)Where the registrar-general is satisfied—
(a)that the register contains an entry relating to an instrument or document affecting land; and
(b)that the land is no longer affected by the instrument or document;
the registrar-general may cancel the entry in the register.
Form of certificate of title
(1)Every certificate of title shall set forth the nature of the estate of freehold or leasehold in respect of which it is issued.
(2)The registrar-general shall note thereon in such manner as to preserve their priority the particulars of all unsatisfied mortgages or other encumbrances, and of any other interests to which the land is subject, and if the certificate of title be issued to an infant or to a person otherwise under disability he or she shall state the age of the infant or the nature of the disability so far as known to him or her, and shall cause a certificate of title to be delivered to the proprietor entitled to the land described therein.
Note 1A fee may be determined under s 139 (Determination of fees, charges and other amounts) for the issue of a certificate of title.
Note 2If a form is approved under s 140 (Approved forms) for a certificate of title, the form must be used.
One certificate may be issued for lands not contiguous
The registrar-general may issue 1 certificate of title for several parcels of land even if they are not contiguous.
Registering fee simple estate for which leasehold interest registered
Before bringing under this Act an estate in fee simple in relation to which a leasehold interest has been registered, the registrar-general must—
(a)close the folio of the register for the leasehold interest; and
(b)enter on the folio of the register for the estate in fee simple all interests on the register affecting the leasehold interest.
When instruments etc taken to be registered
(1)A grant lodged for registration is taken to be registered under this Act when it is marked by the registrar-general with a folio and volume of the register for the land.
(2)A memorandum of transfer or other instrument purporting to transfer or otherwise deal with or affect an interest in land is taken to be registered under this Act when a memorial of the instrument is entered on the folio of the register for the land.
(3)The person named in the registered grant or instrument as the person owning or taking legal possession of (however described) the land or interest in land is taken to be the registered proprietor of the land or interest when the grant or instrument is registered.
47ARegistration of transfers of mortgages, subleases etc
(1)Notwithstanding anything contained in section 47 a transfer of a mortgage or encumbrance or a transfer or mortgage of a lease (other than a Crown lease) or sublease, or a sublease granted by a lessee other than a Crown lessee, or by a sublessee or of variation of mortgage, shall be deemed and taken to be duly registered when a memorial thereof has been entered in the register on the folio for the land.
(2)Every memorial prepared under this section shall state the nature of the instrument to which it relates and such other particulars as the registrar-general directs, and shall be signed by the registrar-general.
47BRegistration of memoranda of provisions
A memorandum of provisions shall be deemed to be registered when a memorial of registration is endorsed upon it and signed by the registrar-general.
47CRegistration of instruments effecting dutiable transaction
(1)This section applies to an instrument that effects a dutiable transaction, other than the following:
(a)a declaration of trust over dutiable property;
(b)a cancelled agreement for the sale or transfer of dutiable property;
(c)a grant of a commercial lease with premium.
(2)The transferee must lodge the instrument with the registrar-general for registration.
Note 1The registrar-general must register an instrument lodged in registrable form (see s 48 (1)).
Note 2If a form is approved under s 140 for registration of an instrument, the form must be used.
Note 3A fee may be determined under s 139 for this provision.
(3)If the instrument is an agreement for the transfer of dutiable property in conformity with the agreement, it must be lodged with the registrar‑general within 14 days after the day the agreement is completed, or any longer time determined by the commissioner.
(4)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(5)In this section:
commercial lease with premium—see the Duties Act 1999, section 6A.
dutiable property—see the Duties Act 1999, section 10.
dutiable transaction—see the Duties Act 1999, section 7 (2).
transfer—see the Duties Act 1999, dictionary.
Instruments—registration and priority
(1)The registrar-general shall register an instrument lodged in registrable form.
(2)The registrar-general may require a specified class of instruments to be lodged in duplicate.
(3)An instrument lodged, other than—
(a)an order of the court; or
(b)a grant; or
(c)a memorandum of provisions; or
(d)a notice of determination or memorandum of discharge under the Rates and Land Rent (Relief) Act 1970;
shall be attested by a witness.
NoteThe execution of an instrument lodged for registration by a legal practitioner or mortgagee corporation is not required to be witnessed because certification for the instrument is given (see s 48BD and E‑Conveyancing Law, s 11).
(4)Subject to subsection (5), instruments lodged for registration shall be registered in the order of time in which they are lodged in registrable form.
(5)Where a person lodges 2 or more instruments that affect the same land immediately one after the other, the registrar-general may register the instruments in the order that will give effect to the intentions of the parties as expressed in, or apparent from, those instruments.
(6)Where 2 or more instruments are registered in respect of, or affecting, the same interest in land, the instruments shall, notwithstanding any express, implied or constructive notice, have priority according to the date and time of registration.
(7)When an instrument is registered, the registrar-general shall enter a record of that instrument in the register.
(8)On registration, an instrument, other than a memorandum of provisions or a caveat, shall be taken to be part of the register and shall have the effect of a deed duly executed by the parties.
(9)In this section:
instrument includes a caveat.
48ARefusal to accept instruments for lodgment
The registrar-general may refuse to accept an instrument for registration if it is not in registrable form.
48BLodgment of instruments—registrable form
(1)The registrar-general shall not register any instrument purporting to transfer or otherwise deal with or affect any interest in land except—
(a)as required or permitted by a Territory or Commonwealth law; and
(b)in the manner provided by this Act.
(2)Where an instrument is lodged that is not in registrable form, the registrar-general may—
(a)refuse to register it and require—
(i)1 or more of the parties to the instrument to—
(A)alter or correct the instrument; or
(B)provide a stated document under section 14 (1) (a); or
(ii)for an instrument lodged under section 48BA or section 48BB—the legal practitioner or mortgagee corporation to—
(A)alter or correct the instrument; or
(B)provide certification under section 48BA or section 48BB in appropriate form; or
(C)provide a stated document under section 14 (1) (c) or section 48BH (2); or
(b)reject it.
(3)In this section:
appropriate form, of certification for an instrument lodged for registration—see section 48BA (5).
48BALodgment of instruments by legal practitioners—certification
(1)This section applies if a legal practitioner lodges an instrument purporting to transfer or otherwise deal with or affect an interest in land with the registrar-general for registration on behalf of a party to the instrument.
(2)The registrar‑general must not register the instrument unless, for each person who is a party to the instrument, the legal practitioner for the person certifies in the appropriate form—
(a)that the person has authorised the legal practitioner under a client authorisation to lodge the instrument and do all other things necessary to ensure the instrument is registered; and
(b)that the legal practitioner has verified the person’s identity in accordance with the verification of identity rules as in force at the time of verification; and
(c)that the legal practitioner has verified the person’s authority to deal with the land under the instrument in accordance with the verification of authority rules as in force at the time of verification; and
(d)that any document relevant to certification under this section that is required to be kept by the legal practitioner under this Act and, if relevant, the E‑Conveyancing Law, has been kept; and
(e)that the legal practitioner has complied with any other requirement in relation to the instrument under this Act and, if relevant, the E‑Conveyancing Law; and
(f)that the legal practitioner has complied with any requirement prescribed by regulation.
(3)Certification under subsection (2) may only be provided by a legal practitioner who has personal knowledge of the matter the legal practitioner is certifying.
(4)The registrar‑general may exempt a legal practitioner, or an instrument prescribed by regulation, from a certification requirement under subsection (2).
(5)In this section:
appropriate form, of certification for an instrument lodged for registration, means—
(a)for an instrument lodged electronically under the E‑Conveyancing Law—certification that complies with the participation rules; or
(b)in any other case—the form required by the registrar-general.
client authorisation means—
(a)for an instrument lodged electronically under the E‑Conveyancing Law—see the E-Conveyancing Law, section 10; or
(b)in any other case—an authorisation in a form required by the registrar‑general.
participation rules—see the E-Conveyancing Law, section 23.
party, to an instrument, includes a person acting on behalf of another person (under a power of attorney or otherwise) but does not include a legal practitioner acting under a client authorisation.
48BBLodgment of instruments by mortgagee corporations—certification
(1)This section applies if a mortgagee corporation lodges a mortgage or other instrument purporting to deal with or affect an interest in land with the registrar-general for registration.
Note 1Section 48BA applies to a mortgagee represented by a legal practitioner.
Note 2Section 48BC applies to a mortgagee who is not a corporation and not represented by a legal practitioner.
(2)The registrar‑general must not register the instrument unless the mortgagee certifies in the appropriate form—
(a)that the mortgagee has verified the mortgagor’s identity in accordance with the verification of identity rules as in force at the time of verification; and
(b)that the mortgagee has verified the mortgagor’s authority to deal with the land under the instrument in accordance with the verification of authority rules as in force at the time of verification; and
(c)that any document relevant to certification under this section that is required to be kept by the mortgagee under this Act and, if relevant, the E‑Conveyancing Law, has been kept; and
(d)that the mortgagee has complied with any other requirement in relation to the instrument under this Act and, if relevant, the E‑Conveyancing Law; and
(e)that the mortgagee has complied with any requirement prescribed by regulation.
(3)Certification under subsection (2) may only be provided by an employee of the mortgagee corporation who has personal knowledge of the matter the employee is certifying.
(4)The registrar‑general may exempt a mortgagee corporation, or an instrument prescribed by regulation, from a certification requirement under subsection (2).
(5)In this section:
appropriate form, of certification for an instrument lodged for registration—see section 48BA (5).
participation rules—see the E-Conveyancing Law, section 23.
48BCLodgment of instruments by self‑represented parties—verification of identity and authority
(1)This section applies if a party to an instrument purporting to transfer or otherwise deal with or affect an interest in land lodges the instrument, in person, with the registrar-general.
(2)The registrar-general must not register the instrument unless the registrar-general—
(a)is reasonably satisfied that the party’s identity has been verified in accordance with the verification of identity rules as in force at the time of verification; and
(b)has verified the party’s authority to deal with the land under the instrument in accordance with the verification of authority rules as in force at the time of verification.
(3)In this section:
party, to an instrument—see section 48BA (5).
48BDSignature and witnessing requirements—legal practitioners and mortgagee corporations
(1)This section applies if—
(a)an instrument is lodged by a legal practitioner or mortgagee corporation under section 48BA or section 48BB; and
(b)the instrument is not lodged electronically under the E‑Conveyancing Law; and
(c)the legal practitioner or mortgagee corporation provides certification in relation to the instrument under section 48BA or section 48BB.
NoteThe E-Conveyancing Law, pt 2, div 1 contains similar provisions for instruments lodged electronically.
(2)Any requirement under this Act for the instrument to be executed, signed, witnessed, attested or sealed is taken to have been satisfied.
48BEVerification of identity rules
(1)The registrar-general may make rules (the verification of identity rules) about—
(a)how a person must be identified for section 48BA (2) (b), section 48BB (2) (a) and section 48BC (2) (a); and
(b)what documents must be kept for the purpose of verifying the person’s identity under section 48BA (2) (d) and section 48BB (2) (c); and
(c)how long the documents must be kept; and
(d)any other relevant matter.
(2)A rule is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
48BFVerification of authority rules
(1)The registrar-general may make rules (the verification of authority rules) about—
(a)how a person’s authority to deal with land under an instrument is verified for section 48BA (2) (c), section 48BB (2) (b) and section 48BC (2) (b); and
(b)what documents must be kept for the purpose of verifying the person’s authority under section 48BA (2) (d) and section 48BB (2) (c); and
(c)how long the documents must be kept; and
(d)any other relevant matter.
(2)A rule is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
48BGCompliance audits—lodgments by legal practitioners and mortgagee corporations
(1)This section applies if—
(a)an instrument is lodged by a legal practitioner or mortgagee corporation; and
(b)the instrument is not lodged electronically under the E‑Conveyancing Law; and
(c)the legal practitioner or mortgagee corporation provides certification in relation to the instrument under section 48BA or section 48BB.
NoteThe registrar-general has a similar power to this provision for an instrument lodged electronically under the E-Conveyancing Law (see the Law, s 33 and s 34).
(2)The registrar-general may, at any time, give the legal practitioner or mortgagee corporation a written request to provide stated information about—
(a)the accuracy of the matters certified by the legal practitioner or mortgagee corporation under section 48BA (2) or section 48BB (2) in relation to the instrument; or
(b)whether section 48BA or section 48BB have otherwise been complied with by the legal practitioner or mortgagee corporation in relation to the certification for the instrument.
(3)The request must state a reasonable period for the information to be provided.
(4)The legal practitioner or mortgagee corporation must provide the information in accordance with the request.
48BHNon-compliance—registrar-general may require additional documents
(1)This section applies if—
(a)a legal practitioner or mortgagee corporation has not complied with a request under section 48BG; or
(b)the registrar-general is reasonably satisfied in relation to an instrument lodged by a legal practitioner or mortgagee corporation that—
(i)the matters certified by the legal practitioner or mortgagee corporation under section 48BA (2) or section 48BB (2) in relation to the instrument are not accurate; or
(ii)the legal practitioner or mortgagee corporation has not otherwise complied with section 48BA or section 48BB in relation to the certification for the instrument; or
(c)a legal practitioner’s or mortgagee corporation’s authorisation to use an electronic lodging network under the E‑Conveyancing Law or a corresponding law is restricted, suspended or terminated for non‑compliance with that law.
(2)The registrar-general may, after giving the legal practitioner or mortgagee corporation at least 14 days written notice (the notice period), require the legal practitioner or mortgagee corporation to provide stated compliance assurance documents for stated instruments lodged by the legal practitioner or mortgagee corporation from the day the notice period ends until—
(a)the end date stated in the notice; or
(b)a stated event happens.
Example—event
If a legal practitioner or mortgagee corporation is suspended from using an electronic lodging network for non-compliance—the suspension ends.
NoteThe instrument is not in registrable form if a document required under s (2) is not provided (see s 4 (e)).
(3)Subsection (2) does not apply to an instrument lodged electronically under the E-Conveyancing Law.
(4)In this section:
compliance assurance document, for an instrument lodged for registration, means a document relevant to certification under section 48BA or section 48BB for the instrument.
Examples
1 a client authorisation
2 a copy of a document used to verify a client’s identity or authority
3 for a transfer of land—a copy of the contract of sale for the land
4 for a mortgage—a copy of the loan agreement
corresponding law—see the E-Conveyancing Law, section 3.
48BIPower to refer to appropriate authority
(1)This section applies if the registrar-general—
(a)receives a complaint from a person in relation to a legal practitioner or mortgagee corporation indicating that—
(i)the matters certified by the legal practitioner or mortgagee corporation under section 48BA (2) or section 48BB (2) in relation to an instrument are not accurate; or
(ii)the legal practitioner or mortgagee corporation has not otherwise complied with section 48BA or section 48BB in relation to the certification for an instrument; or
(b)reasonably suspects a circumstance mentioned in paragraph (a) applies to a legal practitioner or mortgagee corporation.
(2)The registrar-general may, instead of or in addition to, taking action under section 48BH refer the matter to an appropriate authority.
(3)If the registrar-general refers a matter under subsection (2), the registrar-general may give the appropriate authority any information held by the registrar-general that is reasonably relevant to the matter.
(4)In this section:
appropriate authority—see the E-Conveyancing Law, section 35 (1).
NoteAppropriate authority includes a law enforcement agency, a regulatory body or professional disciplinary body.
48CCorrection of errors prior to registration
Where an instrument containing a patent error is lodged, the registrar‑general may correct the error by marginal notation on the instrument and the instrument as so corrected shall be as valid and effectual as if the error had not been made.
Instruments not to be registered
(1)The registrar-general shall not register—
(a)an instrument executed on or after 1 July 1969 and before 1 August 1987, being an instrument included in a class of instruments specified in the Australian Capital Territory Stamp Duty Act 1969 (Cwlth), schedule 1, item 4, 5, 6 or 7; or
(b)an instrument executed on or after 1 January 1986 and before 1 September 1987 being an instrument included in a class of instruments specified in the Australian Capital Territory Stamp Duty Act 1969 (Cwlth), schedule 1, item 9; or
(c)an instrument executed on or after 1 January 1987 and before 1 August 1987, being an instrument included in a class of instruments specified in the Australian Capital Territory Stamp Duty Act 1969 (Cwlth), schedule 1, item 6A;
unless—
(d)the instrument is duly stamped within the meaning of the Australian Capital Territory Taxation (Administration) Act 1969 (Cwlth); or
(e)the instrument bears a stamp impressed on it under that Act to the effect that no stamp duty is payable; or
(f)the instrument, being a counterpart of another instrument that has been so duly stamped, bears a stamp impressed on it under that Act to that effect.
(2)The registrar-general shall not register an instrument executed on or after 1 August 1987 and before 1 March 1999, being an instrument of a kind referred to in the Stamp Duties and Taxes Act 1987 (repealed), section 17 (1) (a), (b), (ca), (c) or (d), unless the instrument has been duly stamped within the meaning of that Act.
Issue of new certificate of title after change in register
(1)If an interest in land is registered, the registrar-general must give the party that lodged the relevant instrument for registration a certificate of title showing the interest.
(2)The registrar-general must keep—
(a)each registered instrument; and
(b)any document lodged with the instrument.
(3)In this section:
instrument includes a caveat, grant or Crown lease.
Evidence as to title
(1)The register is conclusive evidence—
(a)as to the interests held in land under the Act; and
(b)that the registered proprietor of each such interest is entitled to that interest.
(2)A certified copy of a part of the register, furnished under section 65 and signed and sealed by the registrar-general, is conclusive evidence of the matters stated in the certified copy, as at the date on which the certified copy was furnished.
(3)A certificate of title signed and sealed by the registrar-general is evidence of the matters stated in the certificate.
(4)If the register contains a statement to the effect that the person named therein is entitled to any easement therein specified, the statement shall be conclusive evidence that he or she is so entitled.
(5)If the register contains the words ‘Together with a right of carriageway over the road delineated and coloured brown on the said map’ or words to the like effect, those words shall have the same effect as if the words contained in schedule 1 had been in their stead.
Joint tenants and tenants in common
(1)A transfer to 2 or more persons shall not be registered unless those persons are expressed to be either joint tenants or tenants in common.
(2)Where 2 or more persons listed in the register as joint proprietors, but not as tenants in common, they shall be taken to be registered as joint tenants.
(3)The share of a person registered as a tenant in common must be included on the register.
Survivor of joint tenants
In any of the following cases, that is to say:
(c)upon the death of any person registered together with any other person as joint tenant of the same interest in any land; or
(d)when the life estate in respect of which an interest in land has been registered has determined, and the estate next registered in remainder or reversion has become vested in possession or the person whose interest in land has been registered or a purchaser has become entitled to the land for an estate in fee simple in possession;
the registrar-general may, upon the application of the person entitled and proof to his or her satisfaction of any such occurrence as mentioned in this section, register that person as proprietor of the interest in manner prescribed by this Act for the registration of a like interest upon a transfer or transmission.
Remainderperson or reversioner may be registered as such
Whenever an interest has been registered in respect of a life estate in any land, any person entitled in reversion or remainder to the land may apply to be registered as so entitled, and the registrar‑general shall cause the title of the applicant to be investigated, and thereafter, upon consideration of the case, may, unless otherwise directed by the court, either reject the application altogether or direct that the applicant be registered forthwith or be so registered unless a caveat is lodged after the notice or advertisement and within such period as he or she thinks fit.
Estate of registered proprietor paramount
(1)Notwithstanding the existence in any other person of any interest, whether derived by grant from the Crown or otherwise, which but for this Act might be held to be paramount or to have priority, a person becoming registered as proprietor of land or of any interest in land under this Act shall, except in case of fraud, hold the land or interest, subject to such interests as are notified on the folio of the register for the land, but absolutely free from all other interests whatsoever except as to—
(a)the interest of a proprietor claiming the same land under a prior entry in the register; and
(b)any right of way or other easement created in or existing upon the same land which is not described, or is misdescribed in the register; and
(c)any portion of land that may by wrong description of parcels or of boundaries be included in the register as land or an interest held by the registered proprietor, not being a purchaser or mortgagee thereof for value, or deriving from or through a purchaser or mortgagee thereof for value; and
(d)any prior tenancy for a term not exceeding 3 years; and
(e)any leases, licences or other authorities granted by the Territory and in respect of which no provision for registration is made; and
(f)any unpaid duty, rates, taxes or other moneys which are expressly declared by any Act or law to be a charge upon land.
(2)The land which is included in the register is taken to be subject to the reservations, exceptions, conditions and powers (if any) contained in the grant thereof.
Purchaser from registered proprietor not to be affected by notice
Except in the case of fraud no person contracting or dealing with or taking or proposing to take a transfer from the registered proprietor of any registered interest shall be required or in any manner concerned to inquire or ascertain the circumstances in or the consideration for which the registered proprietor or any previous registered proprietor of the interest in question is or was registered or to see to the application of the purchase money or any part thereof, or shall be affected by notice, direct or constructive, of any trust or unregistered interest, any rule of law or equity to the contrary notwithstanding; and the knowledge that any such trust or unregistered interest is in existence shall not of itself be imputed as fraud.
Protection as to notice of transferee before registration
(1)For the purposes of determining whether a person has notice of a prior interest in land under this Act, the interest taken by the person under a dealing that—
(a)is registrable under this Act; or
(b)will, when signed by or on behalf of the person, be registrable under this Act;
shall, before registration of that dealing, be deemed to be a legal estate.
(2)No person contracting or dealing in respect of an interest in land under this Act shall be affected by notice of any instrument, fact, or thing merely by omission to search in a register not kept under this Act.
Registrar-general may require map to be deposited
(1)The registrar-general may require the proprietor applying to have any land brought under this Act, or desiring to transfer or otherwise to deal with the land or any portion thereof, to deposit at the office of the registrar-general a map or plan of the land, certified by a registered surveyor.
NoteA fee may be determined under s 139 (Determination of fees, charges and other amounts) for the deposit of a map or plan.
(2)If the proprietor neglects or refuses to comply with the requirement as to the deposit of a map or plan or, if the map or plan deposited by the registered proprietor is not approved by the surveyor-general, or an officer appointed by him or her in that behalf, it shall not be incumbent on the registrar-general to proceed with the bringing of the land under this Act or with the registration of the transfer or lease.
Certified copies of register
On application, the registrar-general must give the applicant a certified copy of any part of the register.
NoteA fee may be determined under s 139 (Determination of fees, charges and other amounts) for a certified copy of a part of the register.
Searches
(1)A person shall have access to the register for the purpose of inspection during office hours, or such other hours as the registrar‑general from time to time determines.
NoteA fee may be determined under s 139 (Determination of fees, charges and other amounts) for inspection of the register.
(2)The registrar-general may provide access of the kind referred to in subsection (1) by way of certificate, visual display unit, computer print-out, microfiche reader or any other means.
(3)In subsection (2):
computer print-out means a document that—
(a)is—
(i)a record of; or
(ii)an extract from; or
(iii)derived from;
information stored in, or processed by, a computer; or
(b)is produced by a computer, or a series or combination of computers, directly or (with or without human intervention) with the aid of other equipment.
Issue of uncertified copies
The registrar-general may provide an uncertified copy of any part of the register or of any information contained in the register.
NoteA fee may be determined under s 139 (Determination of fees, charges and other amounts) for providing an uncertified copy of a part of the register.
Registrar-general may register as proprietor person entitled to land by operation of statute or by defeasance of estate
(1)Whenever—
(a)by the operation of any law or Act either directly or by reason of anything done under it; or
(b)by the defeasance of any estate of any person registered as proprietor under this Act;
any land under this Act has become or becomes vested in some person other than the registered proprietor either alone or jointly or in common with the registered proprietor, or some such person has become or becomes entitled to have any such land so vested, or the site or any part of the site of any closed road whether belonging to the Commonwealth or to any person has become or becomes vested in the person registered as proprietor under this Act of adjoining land, the registrar-general may, at the written request of a person in whom there has been such a vesting or who has become so entitled, on such evidence as appears to the registrar-general to be sufficient, and after such notice (if any) to such person as the registrar-general deems proper, register the person in whom any such land or site or part thereof is vested or who has become so entitled, as the proprietor of the estate therein as is appropriate, and for that purpose may make every such entry, cancellation and correction in the register as appears to the registrar-general to be necessary or proper.
NoteA fee may be determined under s 139 (Determination of fees, charges and other amounts) for a request for registration.
(2)This section does not apply to a case for which express provision is made by this Act or any other law.
Revenue Legislation Amendment Act 2017 A2017-1 sch 1 pt 1.5
notified LR 22 February 2017
s 1, s 2 commenced 22 February 2017 (LA s 75 (1))
sch 1 pt 1.5 commenced 18 September 2017 (s 2 (1) and CN2017-5)Revenue Legislation Amendment Act 2018 A2018-2 sch 1 pt 1.6
notified LR 28 February 2018
s 1, s 2 commenced 28 February 2018 (LA s 75 (1))
sch 1 pt 1.6 commenced 1 March 2018 (s 2)Red Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 6
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
pt 6 commenced 2 October 2018 (s 2 (1))Planning and Development (Community Concessional Leases) Amendment Act 2019 A2019-28 sch 1
notified LR 2 October 2019
s 1, s 2 commenced 2 October 2019 (LA s 75 (1))
sch 1 commenced 2 April 2020 (s 2 and LA s 79)Unit Titles Legislation Amendment Act 2020 A2020-4 pt 5
notified LR 27 February 2020
s 1, s 2 commenced 27 February 2020 (LA s 75 (1))
pt 5 commenced 1 November 2020 (s 2 (1) and CN2020-11)Land Titles (Electronic Conveyancing) Legislation Amendment Act 2020 A2020-16 pt 2
notified LR 13 May 2020
s 1, s 2 commenced 13 May 2020 (LA s 75 (1))
pt 2 commenced 1 June 2020 (s 2 and see Electronic Conveyancing National Law (ACT) Act 2020 A2020-15 s 2)Loose-fill Asbestos Legislation Amendment Act 2020 A2020-20 sch 1 pt 1.8
notified LR 27 May 2020
s 1, s 2 commenced 27 May 2020 (LA s 75 (1))
sch 1 pt 1.8 commenced 1 July 2020 (s 2)Planning and Development Amendment Act 2020 A2020-26 sch 1
notified LR 8 July 2020
s 1, s 2 commenced 8 July 2020 (LA s 75 (1))
sch 1 commenced 8 July 2022 (s 2 (2))Planning and Unit Titles Legislation Amendment Act 2021 (No 2) A2021-25 pt 2
notified LR 17 November 2021
s 1, s 2 commenced 17 November 2021 (LA s 75 (1))
pt 2 commenced 18 November 2021 (s 2)Justice and Community Safety Legislation Amendment Act 2021 (No 2) A2021‑33 pt 12
notified LR 10 December 2021
s 1, s 2 commenced 10 December 2021 (LA s 75 (1))pt 12 commenced 17 December 2021 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2022 A2022‑21 pt 6
notified LR 9 December 2022
s 1, s 2 commenced 9 December 2022 (LA s 75 (1))pt 6 commenced 10 December 2022 (s 2)
Justice and Community Safety Legislation Amendment Act 2023 A2023‑13 pt 6
notified LR 11 April 2023
s 1, s 2 commenced 11 April 2023 (LA s 75 (1))pt 6 commenced 12 April 2023 (s 2)
Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.40
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.40 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Justice and Community Safety Legislation Amendment Act 2023 (No 3) A2023-57 pt 12, sch 1 pt 1.5
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
pt 12, sch 1 pt 1.5 commenced 12 December 2023 (s 2 (1))Biosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.8
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))sch 2 pt 2.8 commenced 15 May 2025 (s 2 and see Biosecurity Act 2023 A2023-50, s 2 (2))
Housing and Consumer Affairs Legislation Amendment Act 2024 A2024‑29 pt 6
notified LR 9 July 2024
s 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2))pt 6 commenced 16 July 2024 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2025 (No 2) A2025-3 sch 1 pt 1.7
notified LR 14 March 2025
s 1, s 2 commenced 14 March 2025 (LA s 75 (1))sch 1 pt 1.7 commenced 21 March 2025 (s 2)
Amendment history
Long title
long titleam A1995‑53 s 4
Name of Act
s 1am A1995‑53 s 5
sub A2007‑3 amdt 3.294
Dictionary
s 2am Ord1956‑16 s 2, sch 2; A1995‑53
om A2001‑44 amdt 1.2521
ins A2007‑3 amdt 3.305
Notes
s 3am Ord1933‑26 s 2; Ord1956‑16 s 3; A1995‑53 sch 2
sub A2001‑44 amdt 1.2522
om A2007‑3 amdt 3.295
ins A2007‑3 amdt 3.305
Provisions affecting certain land to which State Act applies
s 3Ains Ord1961‑7 s 3
am Ord1989‑38 sch 1; A1993‑64 sch 1; A1995‑53 sch 2
om A2007‑3 amdt 3.295
Meaning of registrable form
s 4sub Ord1961‑7 s 4
am Ord1970‑6 s 2
om Ord1977‑65 sch 2
ins A2007‑3 amdt 3.305
am A2020-16 s 4; pars renum R40 LA
Application to married women’s property
s 5om A2007‑3 amdt 3.295
ins A2007‑3 amdt 3.305
Interpretation for Act
s 6am A1993‑89 sch; A2000‑82 s 4; A2001‑44 amdts 1.2524‑1.2526; ss renum R3 LA
defs reloc to dict A2007‑3 amdt 3.304
om A2007‑3 amdt 3.305
def approved form ins A1995‑53 s 6
om A2001‑44 amdt 1.2523
def city area ins Ord1925‑12 s 2
om A1991‑118 sch 1 pt 9
def commission om A2007‑3 amdt 3.296
def computer ins A1993‑89 sch
om A2007‑3 amdt 3.297
def curator ins Ord1957‑12 s 2
om Ord1985‑9 sch 2
def determined fee ins Ord1983‑39 s 4
om A2001‑44 amdt 1.2523
def justice om Ord1937‑27 sch 2
def land am A1995‑53 s 6; A1991‑118 sch 1 pt 9
om A2007‑3 amdt 3.302
def Public Trustee om Ord1957‑12 s 2
def registrar om A1993‑64 sch 1
def the court am Ord1937‑27 sch 2; Ord1982‑102 s 2
om A2007‑3 amdt 3.303
Registrar-general’s seal of office etc
s 7am Ord1927‑21 s 3; Ord1930‑19 sch
sub Ord1957‑12 s 3
am Ord1977‑18 s 14
om A1993‑64 sch 2
ins A1993‑89 sch
Registrar’s seal of office
s 8am Ord1930‑19 sch; Ord1977‑18 s 14
om A1993‑64 sch 1
Functions of acting registrar and deputy registrar
s 9om A1993‑64 sch 1
Oath of office
s 10om A1993‑64 sch 1
Sworn valuators
s 11am Ord1930‑19 sch
om Ord1969‑9 s 3
Certain information and omissions not to invalidate documents
s 12om A1993‑64 sch 1
Surveyors to be licensed
s 13am Ord1930‑19 sch
om Ord1967‑46 s 3
General powers of registrar-general
pt 3 hdgam A1993‑64 sch 1
Powers of registrar-general
s 14am Ord1930‑19 s 3; Ord1970‑6 s 3; Ord1975‑33 s 3; Ord1986‑31 s 14; A1991‑22 s 11; A1993‑89 sch; A1994‑45 sch; A1995‑53 s 7, sch 2; A2000‑82 s 5; pars and ss renum R3 LA; A2007‑25 amdt 1.83; pars renum R18 LA; A2020-16 ss 5-9; pars renum R40 LA
Penalty for obstructing registrar-general
s 15am Ord1967‑46 sch; A1995‑53 sch 2; A1998‑54 sch; A2004‑15 amdts 2.106-2.108; A2020-16 s 10
Registrar may take statutory declaration
s 16om A1993‑64 sch 1
Crown grants and certain Crown leases under Act
s 17am Ord1927‑21 s 4; Ord1956‑16 s 4; Ord1963‑6 s 2; Ord1989‑38 sch 1; A1995‑53 s 8, sch 2; A2001‑44 amdt 1.2527, amdt 1.2528; A2023-57 ss 30-32
Requirements of applications
div 5.1 hdg(prev pt 5 div 1 hdg) renum R3 LA
Land brought under Act
s 18am Ord1986‑31 s 5; A1993‑89 sch; A1994‑45 sch; A1995‑53 s 9, sch 2; A2001‑44 amdt 1.2529; ss renum R3 LA;
A2020-16s 11
Judge may order production of deeds for purpose of application
s 19am Ord1937‑27 sch 2; A1995‑53 sch 2
Applicant to surrender documents of title and to furnish abstract if required
s 20am A1995‑53 sch 2; A2023-57 s 33
Procedure on applications
div 5.2 hdg(prev pt 5 div 2 hdg) renum R3 LA
Applications to be considered by registrar-general
s 21am A1993‑89 sch; A1995‑53 sch 2; A2020-16 s 12
When applicant is not original grantee or any transactions registered
s 22am A1995‑53 sch 2; A2001‑44 amdt 1.2530, amdt 1.2531; A2018‑33 s 75, s 76
When evidence of title imperfect
s 23am Ord1956‑16 s 5; Ord1989‑38 sch 1; A1993‑89 sch; A1995‑53 sch 2; A2001‑44 amdt 1.2532, amdt 1.2533; A2018‑33 s 77, s 78
Notice of application to be published
s 24am A1995‑53 sch 2; A2001‑44 amdt 1.2534, amdt 1.2535; A2018‑33 s 79
Registrar-general bringing land under Act
s 25 hdgsub A1993‑89 note
s 25am A1993‑89 sch; A1995‑53 sch 2; A2020-16 s 12
On a return of notices or failure of personal service, registrar-general may proceed or give further directions
s 26am A1993‑89 sch; A1995‑53 sch 2
Applicant may withdraw application
s 27 hdgam A1995‑53 notes
s 27am A1995‑53 sch 2; A2020-16 s 13
Land occupied may be brought under Act by different description from that in title on special application
s 28am A1995‑53 sch 2; A2020-16 s 14
Applications to bring land under Act may be granted for land occupied under, but not described in, title deeds
s 29 hdgsub A2020-16 s 15
s 29am A1995‑53 sch 2; A2020-16 s 16, s 17
Caveats against original applications
div 5.3 hdg(prev pt 5 div 3 hdg) renum R3 LA
Parties interested may enter caveat
s 30am A1993‑89 sch; A1995‑53 s 10, sch 2; A1997‑96 sch 1; A2001‑44 amdt 1.2536
If caveat be received within time limited proceedings stayed
s 31am A1995‑53 sch 2
Caveats lapse unless proceedings taken within 3 months
s 32 hdgam A1995‑53 notes
s 32am A1995‑53 sch 2
Special case
s 33am A1995‑53 sch 2
Where caveator fails to prosecute proceedings
s 34am A1995‑53 sch 2; A1997‑96 sch 1
Bringing land under the Act—miscellaneous
pt 6 hdgsub A2020-16 s 18
Documents of title how to be dealt with
s 35am Ord1937‑27 sch 2; A1993‑89 sch; A1995‑53 sch 2; A2020-16 ss 19-21; A2023-57 s 33
How certificate of title to issue in case of previous death of applicant
s 36am A1995‑53 sch 2
om A2020-16 s 22
Bringing under this Act of land to which State Act applies
s 38am Ord1933‑26 s 3
sub Ord1956‑16 s 6
am Ord1961‑7 s 6; A1993‑89 sch; A1995‑53 sch 2; A2001‑44 amdts 1.2537-1.2539; ss renum R3 LA (see A2001‑44 amdt 1.2540); A2014‑18 amdt 3.54; A2020-16 s 23
Transfer of records
s 39am Ord1930‑19 sch; A1995‑53 sch 2
Recognition of transferred records
s 40am Ord1930‑19 sch; A1995‑53 sch 2
Duplicate grant etc handed over to be deemed original grant
s 41am Ord1930‑19 sch; A1995‑53 sch 2
Land referred to in pt 7 to be subject to certain reservations etc
s 42am A1995‑53 sch 2
Registrar-general to keep register
s 43 hdgam A1993‑89 note
s 43am Ord1957‑12 s 4; A1993‑89 sch; ss renum R3 LA
Form of certificate of title
s 44 hdgam A1993‑89 note
s 44am A1993‑89 sch; A1995‑53 s 11, sch 2; A2001‑44 amdt 1.2541, amdt 1.2542
One certificate may be issued for lands not contiguous
s 45am Ord1975‑33 s 4
sub A1995‑53 s 12
Registering fee simple estate for which leasehold interest registered
s 46am A1993‑89 sch; A1995‑53 sch 2
sub A2020-16 s 24
When instruments etc taken to be registered
s 47am A1993‑89 sch; A1995‑53 sch 2
sub A2020-16 s 24
Registration of transfers of mortgages, subleases etc
s 47Ains Ord1927‑15 s 2
am Ord1940‑16 s 2; Ord1956‑16 s 7; Ord1957‑12 s 5; A1993‑89 sch; A1995‑53 sch 2; A2020-16 s 25
Registration of memoranda of provisions
s 47Bins Ord1983‑68 s 4
Registration of instruments effecting dutiable transaction
s 47Cins A2017‑1 amdt 1.102
Instruments—registration and priority
s 48am Ord1970‑6 s 4; Ord1979‑16 s 4; Ord1983‑68 s 5; A1991‑22 s 11; A1993‑89 sch
sub A1995‑53 s 13
am A2020-16 s 26
Refusal to accept instruments for lodgment
s 48Ains A1995‑53 s 13
Lodgment of instruments—registrable form
s 48B hdgsub A2020-16 s 27
s 48Bins A1995‑53 s 13
am A2020-16 s 28, s 29
Lodgment of instruments by legal practitioners—certification
s 48BAins A2020-16 s 30
Lodgment of instruments by mortgagee corporations—certification
s 48BBins A2020-16 s 30
Lodgment of instruments by self‑represented parties—verification of identity and authority
s 48BCins A2020-16 s 30
am A2021‑33 s 21
Signature and witnessing requirements—legal practitioners and mortgagee corporations
s 48BDins A2020-16 s 30
am A2022‑21 s 16
Verification of identity rules
s 48BEins A2020-16 s 30
Verification of authority rules
s 48BFins A2020-16 s 30
Compliance audits—lodgments by legal practitioners and mortgagee corporations
s 48BGins A2020-16 s 30
Non-compliance—registrar-general may require additional documents
s 48BHins A2020-16 s 30
Power to refer to appropriate authority
s 48BIins A2020-16 s 30
Correction of errors prior to registration
s 48Cins A1995‑53 s 13
Form of memorial
s 49am Ord1957‑12 s 6; A1993‑89 sch
om A2020-16 s 31
Memorial to be recorded on duplicate grant, certificate or instrument, unless dispensed with
s 50am Ord1957‑12 s 7; Ord1961‑7 s 7; A1993‑89 sch; A1995‑53 sch 2; A2001‑44 amdts 1.2543-1.2545; A2010‑50 amdt 1.10; ss renum R23 LA; A2011‑41 amdt 5.23; A2016‑18 amdts 3.113-3.115; A2018‑33 s 80
om A2020-16 s 31
Issue of duplicate when document lost or destroyed
s 50Ains Ord1927‑21 s 5
am Ord1970‑6 s 5; A1991‑22 s 11; A1993‑89 sch; A1995‑53 s 14, sch 2; A2001‑44 amdt 1.2546; ss renum R3 LA
om A2020-16 s 31
Instruments not to be registered
s 51sub Ord1969‑9 s 4
am Ord1985‑71 s 3; Ord1986‑88 s 4; Ord1987‑66 s 3; Ord1989‑38 sch 1; A1995‑53 s 15; A1999‑8 s 32; ss and pars renum R3 LA; A2020-16 s 32, s 33; A2023-57 amdt 1.10
Issue of new certificate of title after change in register
s 52am A1993‑89 sch; A1995‑53 s 16
sub A2020-16 s 34
Evidence as to title
s 53am A1993‑89 sch; A1995‑53 s 17, sch 2; ss renum R3 LA; A2020-16 s 35, s 36
Joint tenants and tenants in common
s 54sub Ord1927‑15 s 3; A1995‑53 s 18
am A2020-16 s 37
Survivor of joint tenants
s 55am Ord1986‑31 s 6; A1995‑53 s 19, sch 2; A2020-16 s 38, s 39
Remainderperson or reversioner may be registered as such
s 56am A1995‑53 sch 2; A2020-16 s 40
Instruments not effectual until entry in register
s 57 hdgam A1993‑89 note
s 57am A1995‑53s 20, sch 2
om A2020-16 s 41
Estate of registered proprietor paramount
s 58am Ord1989‑38 sch 1; A1993‑89 sch; A1995‑53 s 21, sch 2; A2017‑1 amdt 1.103; A2020-16 ss 42-46
Purchaser from registered proprietor not to be affected by notice
s 59am A1995‑53 sch 2
Protection as to notice of transferee before registration
s 60sub A1995‑53 s 22
Combining or dividing grants or certificates of title
s 61am A1993‑89 sch; A1995‑53 s 23, sch 2
om A2020-16 s 47
Lost grant or certificate
s 62am Ord1927‑21 s 6; A1993‑89 sch
sub A1995‑53 s 24
am A2000‑82 s 6; A2009‑20 amdt 3.115; A2018‑33 s 81
om A2020-16 s 47
Power of registrar-general to issue new certificate
s 62Ains Ord1927‑21 s 7
am Ord1957‑12 s 8; Ord1983‑39 s 5; A1995‑53 s 25, sch 2; A2001‑44 amdt 1.2547
om A2020-16 s 47
Dealings may be registered prior to issue of grant from Crown
s 63am A1993‑89 sch; A1995‑53 sch 2
om A2020-16 s 47
Registrar-general may require map to be deposited
s 64am Ord1936‑15 (as am by Ord1937‑27); Ord1967‑46 s 4; Ord1975‑33s 5; Ord1980‑13 s 4; A1992‑3 s 4; A1995‑53 s 26, sch 2; A2001‑3 sch 1; A2001‑44 amdt 1.4548, amdt 1.2549; ss renum R3 LA; A2007‑33 amdt 1.8; A2010‑6 amdt 1.9; A2018‑33 s 82, s 83; ss renum R38 LA
Certified copies of register
s 65am Ord1983‑39 s 6; Ord1983‑68 s 6; A1993‑89 sch; A1995‑53 s 27
sub A2001‑44 amdt 1.2550
Searches
s 66am Ord1977‑47 s 4
sub A1993‑89 sch
am A2001‑44 amdt 1.2551, amdt 1.2552
Issue of uncertified copies
s 67am Ord1967‑46 sch
sub A1995‑53 s 28
am A2001‑44 amdt 1.2553
Registrar-general may register as proprietor person entitled to land by operation of statute or by defeasance of estate
s 68am Ord1957‑12 s 9; A1993‑89 sch; A1995‑53 sch 2; A2001‑44 amdt 1.2554, amdt 1.2555; A2020-16 s 48
Record of administrative interests
pt 8A hdgins A2007‑25 amdt 1.84
Meaning of administrative interest—Act
s 69Ains A2007‑25 amdt 1.84
am A2015-6 amdt 1.13; A2019‑28 amdt 1.1; A2020‑20 amdts 1.19-1.21; pars renum R41 LA; A2023-36 amdt 1.208
Meaning of authorised entity—pt 8A
s 69Bins A2007‑25 amdt 1.84
Record of administrative interests
s 69Cins A2007‑25 amdt 1.84
am A2020‑20 amdt 1.22; ss renum R41 LA
Protection from liability—administrative interests
s 69Dins A2007‑25 amdt 1.84
Registration of Crown leases
s 70am Ord1927‑21 s 8; Ord1986‑88 s 5; A1993‑89 sch
Registration of extension of grant of Crown lease
s 70Ains A1995‑53 s 29
om A2000‑82 s 7
Dealings with Crown leases
s 71am A1993‑89 sch; A1995‑53 sch 2; A2020-16 s 49
Application of ordinance to registered Crown leases
s 72om A1993‑44 sch 2
Registration of variations
s 72Ains Ord1940‑16s 3
am Ord1986‑22 s 4; Ord1989‑38 sch 1
sub A1991‑118 s 22
am A1993‑89 sch; A2002‑56 amdt 3.41; A2006‑40 amdt 1.25; A2007‑25 amdt 1.85; A2020-16 s 50; A2023-36 amdt 1.209
Registration etc of orders under Planning Act 2023
s 72AB hdgsub A2007‑25 amdt 1.86; A2023-36 amdt 1.210
s 72ABins A1991‑118 s 22
am A1993‑89 sch
sub A2003‑34 amdt 1.21
am A2007‑25 amdt 1.87; A2020-16 s 50; A2023-36 amdt 1.211
Dealing with land before grant or registration of Crown lease
s 72Bins Ord1957‑12 s 10; A1995‑53 sch 2
Memorial of compliance with building and development provision in lease
s 72C hdgsub A1993‑89 note
s 72Cins Ord1961‑7 s 8
am A1991‑118 sch 1, pt 9; A1993‑89 sch; A1995‑53 sch 2
sub A2007‑25 amdt 1.88
am A2023-36 amdts 1.212-1.214, amdt 1.228
Memorial of application of certain provisions etc under Planning Act 2023
s 72D hdgsub A2023-36 amdt 1.215
s 72Dins A2008‑4 s 78
am A2010‑18 amdt 3.10
sub A2015‑19 s 54
am A2020-26 amdt 1.1; A2023-36 amdt 1.216, amdt 1.217
(1) (b) exp 8 July 2025 (s 178C)
Transfers
div 10.1 hdg(prev pt 10 div 1 hdg) renum R3 LA
Memorandum of transfer
s 73am Ord1970‑6 s 6; A1993‑89 sch
sub A1995‑53 s 30
am A1997‑96 sch 1; A2001‑44 amdt 1.2556; A2011‑3 amdt 3.276; A2014‑18 amdt 3.55; A2020-16 s 51, s 52
Easements and incorporeal rights to be registered
s 74am A1993‑89 sch
om A1995‑53 s 30
Procedure for dealing with certificate of title in case of transfer
s 75am Ord1927‑21 s 9
sub A1993‑89 sch
om A2020-16 s 53
Issue of fresh certificate on cancellation of grant or certificate
s 76am A1995‑53 sch 2
om A2020-16 s 53
Transferee—interests and obligations
s 77sub A1995‑53 s 31
Transfer of mortgage or lease—right to sue
s 78am A1995‑53 s 32
Proprietor may vest estate jointly in self and others without limiting any use or without reassignment
s 79 hdgam A1995‑53 notes
s 79am A1995‑53 s 32, sch 2; A2003‑14 amdt 1.70, amdt 1.71
Endorsement when land becomes Crown land
s 80am Ord1961‑7 s 9; A1993‑89 sch; A1995‑53 sch 2
Short words for creation of right of way
s 81am A1993‑89 sch
Leases
div 10.2 hdg(prev pt 10 div 2 hdg) renum R3 LA
Form of lease
s 82am Ord1983‑68 s 7; A1993‑89 sch; A1995‑53 s 33; A2001‑44 amdt 1.2557; A2020-16 s 54
Right of purchase or covenant to purchase may be inserted
s 83am A1995‑53 sch 2
Mortgagee etc not bound by lease unless consent given
s 84 hdgam A1995‑53 notes
s 84am Ord1927‑21 s 10; A1995‑53 sch 2
Certain unregistered leases valid, but not rights of purchase or renewal under them
s 85am A1995‑53 s 34
Surrender of lease
s 86am Ord1926‑8 s 2; Ord1927‑21 s 11; Ord1930‑19 sch; Ord1940‑16 s 4; Ord1942‑15 s 2; Ord1961‑7 s 10; Ord1989‑38 sch 1; A1993‑64 sch 1; A1993‑89 sch; A1995‑53 s 35, sch 2; A2000‑82 s 8; A2001‑44 amdt 1.2558; ss renum R3 LA; A2010‑50 amdt 1.11; ss renum R23 LA; A2011‑3 amdt 3.277; A2011‑41 amdt 5.24, amdt 5.25; A2015‑19 s 55; A2020-16 s 55, s 56
Registration of re-entry by lessor
s 87am Ord1930‑19 s 4; Ord1967‑46 sch; A1993‑89 sch; A1995‑53 sch 2; A1998‑54 sch
Entry of expiration of lease in register
s 87A hdgam A1993‑89 note
s 87Ains Ord1930‑19 s 5
am Ord1961‑7 s 11; A1993‑89 sch
Resumption and withdrawal of land from lease
s 87Bins Ord1930‑19 s 5
am Ord1989‑38 sch 1; A1993‑89 sch; A1995‑53 sch 2; A2001‑44 amdt 1.2559
Extension or variation of lease
s 87Cins A1995‑53 s 36
am A2001‑44 amdt 1.2560
Lessee may sublet
s 88am Ord1983‑68 s 8; A1993‑89 sch; A1995‑53 s 37, sch 2; A2001‑44 amdt 1.2561; ss renum R3 LA; A2015‑19 s 56; A2023-36 amdt 1.218
Application of land sublease provisions
s 88Ains A2015‑19 s 57
am A2023-36 amdt 1.219
Land subleases—registration
s 88Bins A2015‑19 s 57
sub A2023-36 amdt 1.220
Land subleases—mortgages
s 88Cins A2015‑19 s 57
am A2023-36 amdt 1.221
Land subleases—transfers
s 88Dins A2015‑19 s 57
am A2023-36 amdt 1.221, amdt 1.228
Land subleases—no further subleases
s 88Eins A2015‑19 s 57
am A2023-36 amdt 1.221
Land subleases—surrender
s 88Fins A2015‑19 s 57
am A2023-36 amdt 1.221
Withdrawal of land under land sublease
s 88Gins A2015‑19 s 57
am A2023-36 amdt 1.221
Surrender etc of land sublease—payment for improvements
s 88Hins A2015‑19 s 57
am A2023-36 amdt 1.221, amdt 1.222, amdt 1.228
ACAT review of value of improvements on land under land sublease etc
s 88Iins A2015‑19 s 57
Recovery of land under land sublease if sublessee in unlawful possession
s 88Jins A2015‑19 s 57
Determination of lease to determine sublease
s 90am Ord1942‑15 s 3; A1995‑53 sch 2; A2000‑82 s 9
Surrender of lease without prejudice to subleases with view to grant of new lease
s 90Ains Ord1942‑15 s 4
am Ord1985‑71 s 4; A1995‑53 s 38, sch 2
om A2000‑82 s 10
Covenants to be implied in subleases
s 91am A1995‑53 sch 2
Surrender of lease
div 10.2A hdg ins A2000‑82 s 11
Surrender of lease not to affect sublease
s 91Ains A2000‑82 s 11
Surrender of lease not to affect mortgage
s 91Bins A2000‑82 s 11
New lease—continuation of interests noted on surrendered lease
s 91Cins A2000‑82 s 11
Mortgages and encumbrances
div 10.3 hdg(prev pt 10 div 3 hdg) renum R3 LA
Land—how mortgaged or encumbered
s 92am Ord1983‑68 s 9; A1993‑89 sch; A1995‑53 s 39, sch 2; A2001‑44 amdt 1.2562; ss renum R3 LA; A2020-16 s 57
Mortgage or encumbrance—postponement of priority
s 92Ains Ord1972‑11 s 2
am A1993‑89 sch; A1995‑53 s 40, sch 2; A2000‑82 s 12; A2001‑44 amdt 1.2563; A2020-16 s 58
Mortgage or encumbrance—effect
s 93am A1995‑53 s 41, sch 2
Power to sell
s 94am Ord1970‑6 s 7; Ord1989‑38 sch 1; A1991‑22 s 11; A1993‑89 sch; A1995‑53 s 42, sch 2
Sale by mortgagee—vesting
s 95sub A1995‑53 s 43
Sale by court order—application by mortgagor etc
s 95Ains A2000‑82 s 13
Default, entry and possession—action for recovery
s 96am A1995‑53 s 44, sch 2
Order for foreclosure on default
s 97am Ord1975‑33 s 6; A1995‑53 sch 2; A1997‑96 sch 1; A2016‑18 amdt 3.116, amdt 3.117
Application—how made effective
s 98am A1993‑89 sch; A1995‑53 sch 2; A2001‑44 amdts 1.2564-1.2566; ss renum R3 LA (see A2001‑44 amdt 1.2567); A2018‑33 s 84
Mortgagee to receive rent
s 99 hdgsub A1995‑53 notes
s 99am A1995‑53 sch 2; A2007‑3 amdt 3.306; A2025‑3 amdt 1.17
Mortgagee of leasehold entering into possession liable to lessor
s 100am A1995‑53 sch 2
Right of Territory if determination revoked and amount secured not paid
s 100Ains Ord1970‑6 s 8
am Ord1989‑38 sch 1; A1991‑22 s 11; A1993‑89 sch; A1996‑53 sch 2; A2000‑79 amdt 1.1
Discharge of mortgages and encumbrances
s 101am Ord1951‑9 s 2; A1993‑89 sch
sub A1995‑53 s 45
am A2001‑44 amdt 1.2568; A2020-16 s 59, s 60; ss renum R40 LA
Variation of mortgages
s 101Ains Ord1956‑16 s 8
am A1993‑89 sch; A1995‑53 s 46, sch 2; A2001‑44 amdt 1.2569, amdt 1.2570; A2020-16 s 61
Entry of satisfaction of annuity
s 102am A1993‑89 sch; A1995‑53 sch 2
Facilitation of redemption in case of absent or unknown mortgagees
s 103am Ord1983‑39 s 7; A1993‑64 sch 1; A1993‑89 sch; A1995‑53 sch 2; A2001‑44 amdt 1.2571, amdt 1.2572
Memoranda of provisions
div 10.3A hdg (prev pt 10 div 3A hdg) ins Ord1983‑68 s 10
renum R3 LA
Registration of memoranda of provisions
s 103Ains Ord1983‑68 s 10
am A1993‑89 sch; A1995‑53 s 47, sch 2; A1997‑96 sch 1; A2001‑44 amdt 1.2573
Easements and other incorporeal rights
div 10.3B hdg (prev pt 10 div 3B hdg) ins A1995‑53 s 48
renum R3 LA
Easements—registration
s 103Bins A1995‑53 s 48
am A2001‑44 amdt 1.2574
Easements in gross—registration, transfer and extinguishment
s 103Cins A1995‑53 s 48
am A2001‑44 amdt 1.2575
Easements—same owner of benefited and burdened land
s 103Dins A1995‑53 s 48
Easements—subdivision of dominant tenement
s 103DAins A2000‑82 s 14
Extinguishment of easement
s 103Eins A1995‑53 s 48
am A2000‑82 s 15; A2001‑44 amdt 1.2576; ss renum R3 LA
Easements—variation
s 103Fins A1995‑53 s 48
am A2001‑44 amdt 1.2577
Incorporeal rights—registration
s 103Gins A1995‑53 s 48
am A2001‑44 amdt 1.2578
Incorporeal rights—extinguishment
s 103Hins A1995‑53 s 48
am A2001‑44 amdt 1.2579
Caveat against dealings
div 10.4 hdg(prev pt 10 div 4 hdg) renum R3 LA
Lodging of caveat
s 104am A1993‑89 sch; A1995‑53 s 49, sch 2; A1997‑96 sch 1; ss and pars renum R3 LA; A2007‑3 amdt 3.307; A2025‑3 amdt 1.17
Entering a caveat in register
s 104Ains A1995‑53 s 50
am A2001‑44 amdt 1.2580, pars renum R3 LA (see A2001‑44 amdt 1.2581), amdt 1.2582
Withdrawal of caveats
s 104Bins A1995‑53 s 50
am A1997‑96 sch 1
Notice of caveat
s 105am Ord1937‑27 sch 2; A1995‑53 s 51; A2007‑3 amdt 3.308; A2025‑3 amdt 1.17
Surrender and regrant of lease of land affected by caveat
s 105Ains A2000‑82 s 16
Caveat lapsing
s 106am Ord1937‑27 sch 2
sub A1995‑53 s 52
am A2000‑82 s 17; A2007‑3 amdt 3.309; A2025‑3 amdt 1.17
Removal of caveat
s 107am A1993‑89 sch
sub A1995‑53 s 52
am A2001‑44 amdt 1.2583, amdt 1.2584
Effect on dealings
s 107Ains A1995‑53 s 52
Removal of caveat by registrar-general
s 107Bins A1995‑53 s 52
Successive caveats
s 107Cins A1995‑53 s 52
Determinations under Rates and Land Rent (Relief) Act 1970
div 10.5 hdg(prev pt 10 div 5 hdg) ins Ord1970‑6 s 9
am A1991‑118 sch 1, pt 9
renum R3 LA
Certain documents under Rates and Land Rent (Relief) Act 1970 to be instruments affecting land
s 108A hdgam A1995‑53 notes
s 108Ains Ord1970‑6 s 9
am A1991‑22 s 11; A1995‑53 sch 2
Effect of registration of determination
s 108Bins Ord1970‑6 s 9
am Ord1989‑38 sch 1; A1991‑22 s 11; A1995‑53 sch 2
Registration of memorandum of discharge
s 108Cins Ord1970‑6 s 9
am A1991‑22 s 11; A1993‑89 sch; A1995‑53 sch 2; A2000‑79 amdt 1.2
Fees not payable
s 108Dins Ord1970‑6 s 9
am A1991‑22 s 11; A1995‑53 s 53
om A2001‑44 amdt 1.2585
Effect of covenant
s 109am A1995‑53 sch 2
Covenants by person with self and another or others
s 110 hdgam A1995‑53 notes
s 110am A1995‑53 sch 2
Implied covenants to be joint and several
s 111am A1995‑53 sch 2
Benefit of implied covenants
s 113am A1996‑53 sch 2
Implied covenants with mortgagees
s 115am A1995‑53 sch 2
General covenants to be implied in instruments
s 116am A1995‑53 sch 2
Transferring of land subject to mortgage, encumbrance or charge to indemnify transferor
s 117am Ord1970‑6 s 10; Ord1989‑38 sch 1; A1995‑53 sch 2
Covenant implied in mortgage
s 118am A1995‑53 sch 2
Covenants of lessees
s 119am A1995‑53 sch 2; A2015‑19 s 58
Powers in lessor
s 120am A1995‑53 sch 2; A1997‑7 s 13; A2005‑21 amdt 1.13; A2015‑19 s 59; ss renum R32 LA; A2024‑11 amdt 2.21, amdt 2.22
Abbreviated forms of words for covenants in leases
s 121am A1995‑53 sch 2
Abbreviated form in mortgage
s 122am A1995‑53 sch 2
Pt 11 not to apply to Crown leases
s 123am A1995‑53 sch 2
Pt 11 not to apply to residential tenancy agreements
s 123Ains A1998‑4 sch
Pt 11 does not apply to leases under Leases (Commercial and Retail) Act
s 123Bins A2001‑18 s 173
Building management statements
pt 11A hdgins A2020-4 s 33
Definitions—pt 11A
s 123Cins A2020-4 s 33
sub A2021‑25 s 4
def approved ins A2020-4 s 33
om A2021‑25 s 4
def building lessee ins A2021‑25 s 4
def building management committee ins A2020-4 s 33
sub A2021‑25 s 4
def building management statement ins A2020-4 s 33
sub A2021‑25 s 4
def parties ins A2020-4 s 33
om A2021‑25 s 4
def registered building management statement ins
A2020-4s 33
sub A2021‑25 s 4
def relevant building ins A2021‑25 s 4
Building management statement may be registered
s 123Dins A2020-4 s 33
am A2021‑25 ss 5-8; ss renum R43 LA; A2023-36 amdt 1.228
Effect of building management statement
s 123Eins A2020-4 s 33
am A2021‑25 ss 9-11; A2023-36 amdt 1.223
Formal requirements for building management statement
s 123Fins A2020-4 s 33
am A2021‑25 ss 12-15
Building management committee—procedure
s 123Gins A2020-4 s 33
Amendment of building management statement
s 123Hins A2020-4 s 33
om A2021‑25 16
Territory planning authority approval of building management statement
s 123I hdgam A2023-36 amdt 1.228
s 123Iins A2020-4 s 33
sub A2021‑25 s 17
am A2023-36 amdt 1.228
No notice of trusts to be entered in register
s 124 hdgam A1993‑89 note
s 124am A1993‑89 sch; A1995‑53 sch 2; ss renum R3 LA; A2013‑11 amdt 1.6; A2020-16 s 62
How survivorship among trustees may be banned except on order of judge
s 126am Ord1937‑27 sch 2; A1993‑89 sch
om A1995‑53 s 54
Notice to be published before order
s 127am Ord1937‑27 sch 2
om A1995‑53 s 54
Registrar-general to carry out order of court vesting trust estate
s 128am Ord1933‑26 s 4; Ord1937‑27 sch 2; A1993‑89 sch; A1995‑53 sch 2; A2007‑3 amdt 3.310; A2025‑3 amdt 1.17
Action may be brought by person claiming beneficial interest in name of trustee
s 129om A1995‑53 s 54
Powers of attorney
s 130am Ord1926‑8 s 3
sub Ord1956‑16 s 9
am Ord1957‑12 s 11; A1995‑53 sch 2; A2006‑50 amdt 2.12
Revocation of power of attorney
s 131am Ord1956‑16 s 10; A1993‑89 sch; A1995‑53 s 55; A2001‑44 amdt 1.2586, amdt 1.2587
om A2006‑50 amdt 2.13
Transmission by bankruptcy or insolvency
s 132am A1993‑89 sch; A1995‑53 sch 2; A2001‑44 amdt 1.2588; A2020-16 s 63
Mortgagee of leasehold interest of bankrupt may be entered as transferee of lease
s 133am A1993‑89 sch; A1995‑53 sch 2
Marriage of female proprietor to be certified to registrar
s 134om Ord1986‑31 s 7
Transmission on death of proprietor
s 135am Ord1957‑12 s 12; Ord1985‑9 sch 2; A1993‑89 sch
sub A1995‑53 s 56
am A2001‑44 amdt 1.2589
Trusts—protection
s 136am Ord1930‑19 s 6; Ord1957‑12 s 13; Ord1969‑9 s 5; Ord1985‑9 sch 2; A1993‑89 sch
sub A1995‑53 s 56
Powers of registrar in dealing with applications of executors and administrators
s 137am Ord1927‑21 s 12; A1993‑89 sch
om A1995‑53 s 56
Trusts protected
s 138om A1995‑53 s 56
Appointment of new or additional trustees
s 138Ains Ord1933‑26 s 5
am Ord1933‑34 s 3; A1993‑89 sch; A1995‑53 sch 2;
A2020-16s 64
Registration of declaration by executor
s 138Bins Ord1934‑14 s 2
am Ord1967‑46 sch; Ord1977‑47 s 5; Ord1978‑24 s 4; Ord1982‑78 s 3; Ord1983‑39 s 8; A1993‑64 sch 1; A1993‑89 sch; A1995‑53 s 57, sch 2; A2001‑44 amdt 1.2590
Fees and forms
pt 15 hdgam A1995‑53 s 58
sub A2001‑44 amdt 1.2591
Approved forms
s 138Cins A1995‑53 s 59
om A2001‑44 amdt 1.2591
Determination of fees, charges and other amounts
s 139am Ord1930‑19 sch
sub Ord1956‑16 s 11
am Ord1963‑6 s 3; Ord1977‑47 s 6; Ord1979‑16 s 5
sub Ord1983‑39 s 9
am Ord1983‑68 s 11; Ord1986‑22 s 5; A1993‑89 sch; A1995‑53 s 60
sub A2001‑44 amdt 1.2591
am A2001‑58 s 99; A2002‑39 amdt 1.5; A2013‑7 amdt 1.9; A2017‑1 amdt 1.104; pars renum R36 LA
Approved forms
s 140am Ord1925‑12 s 3; Ord1937‑27 sch 2; Ord1938‑15 s 2; Ord1951‑9 s 3
om Ord1956‑16 s 12
ins A2001‑44 amdt 1.2591
am A2001‑58 s 100; A2013‑7 amdt 1.10; A2017‑1 amdt 1.105; pars renum R36 LA
Percentage to be levied for registration of transfer
s 141am Ord1930‑19 sch; Ord1933‑26 s 6; Ord1936‑15 s 3 (as am by Ord1937‑27); Ord1967‑46 sch
om Ord1969‑9 s 6
Payment of certain fees to registrar-general
s 142am Ord1930‑19 sch; Ord1986‑22 s 6; A1993‑89 sch; A1995‑53 s 61
om A2001‑44 amdt 1.2591
Remission of fees
s 142Ains Ord1927‑21 s 13
am Ord1930‑19 sch; Ord1951‑9 s 4
om Ord1969‑9 s 7
Damages in certain cases
s 143am Ord1930‑19 sch; Ord1989‑38 sch 1; A1995‑53 sch 2
Damages and costs to be paid by Territory
s 144am Ord1930‑19 sch; Ord1937‑27 sch 2; Ord1989‑38 sch 1; A1995‑53 sch 2
Moneys paid by Territory may be recovered against estate of deceased or bankrupt person
s 145am Ord1930‑19 sch; Ord1977‑18 s 16; Ord1989‑38 sch 1; A1995‑53 sch 2
Where person liable is out of jurisdiction
s 146am Ord1930‑19 sch; Ord1937‑27 sch 2; Ord1977‑18 s 17; Ord1989‑38 sch 1; A1991‑53 s 12; A1995‑53 sch 2
Territory only liable in certain cases
s 147am Ord1930‑19 sch; Ord1989‑38 sch 1; A2020-16 s 65
Proprietor may summon registrar-general to show cause if dissatisfied
s 148am Ord1937‑27 sch 2; A1995‑53 sch 2; A1997‑96 sch 1
Special case when applicant dissatisfied with objection of registrar-general
s 149am A1995‑53 sch 2
Registrar-general may state case for court
s 150am A1995‑53 sch 2
Costs of proceedings
s 151 hdgam A1995‑53 notes
s 151am Ord1930‑19 sch; Ord1989‑38 sch 1; A1995‑53 sch 2
Registered proprietor protected against ejectment except in certain cases
s 152am Ord1970‑6 s 11; Ord1989‑38 sch 1; A1995‑53 sch 2; pars renum R3 LA; A2020-16 ss 66-68
In case of ejectment of defendant who has made improvements their value may be assessed
s 153am Ord1930‑19 sch; Ord1989‑38 sch 1; A1995‑53 sch 2; A2002‑40 amdt 3.26; A2020-16 s 69, s 70; ss renum R40 LA
Compensation for party deprived of land
s 154am Ord1930‑19 sch; Ord1989‑38 sch 1; A1993‑89 sch; A1995‑53 sch 2; A2020-16 s 71, s 72
When actions may lie against registrar-general as nominal defendant
s 155am Ord1930‑19 sch; Ord1989‑38 sch 1; A1993‑89 sch; A1995‑53 sch 2; A2020-16 s 73
Notice of action
s 156am Ord1930‑19 sch; Ord1985‑66 sch; Ord1989‑38 sch 1; ss renum R3 LA
sub A2006‑40 amdt 2.115
Limitation of actions
s 157am Ord1930‑19 sch
om Ord1985‑66 sch
Registrar-general not to be liable for acts done bona fide
s 158am Ord1930‑19 sch; Ord1989‑38 sch 1; A1995‑53 sch 2
Purchasers and mortgagees protected
s 159am A1995‑53 sch 2
Corrections and alterations
pt 17 hdgsub A1995‑53 s 62
Correction of errors
s 160am Ord1937‑27 sch 2
sub A1995‑53 s 62
am A1997‑96 sch 1
Power of court
s 161am Ord1937‑27 sch 2; A1993‑89 sch
sub A1995‑53 s 62
Correction of duplicate certificate etc
s 162am Ord1937‑27 sch 2; A1993‑89 sch
sub A1995‑53s 62
om A2020-16 s 74
Amend or alter name or address entered in register
s 162Ains A1995‑53 s 62
am A1997‑96 sch 1
Notification and review of decisions
pt 18 hdgom A2001‑44 amdt 1.2592
ins A2020-4 s 34
om A2021‑25 s 18
Definitions—pt 18
s 163om A2001‑44 amdt 1.2592
ins A2020-4 s 34
om A2021‑25 s 18
def applicant ins A2020-4 s 34
om A2021‑25 s 18
def reviewable decision ins A2020-4 s 34
om A2021‑25 s 18
Reviewable decision notices
s 163Ains A2020-4 s 34
om A2021‑25 s 18
Applications for review
s 164am Ord1937‑27 sch 2
om A2001‑44 amdt 1.2592
ins A2020-44 s 34
om A2021‑25 s 18
Registrar-general may hold instrument for safekeeping
s 164Ains A1995‑53 s 63
am A1997‑96 sch 1; A2001‑44 amdt 1.2593, amdt 1.2594
om A2020-16 s 74
Offence for certain fraudulent acts
s 165 hdgsub A2007‑3 amdt 3.311
s 165am Ord1967‑46 sch; A1993‑89 sch; A1995‑53 sch 2; A1998‑54 sch; A2001‑44 amdt 1.2595, amdt 1.2596;
A2020-16ss 75-77
Conviction not to affect civil remedy
s 166am A1995‑53 sch 2
Prosecutions and recovery of penalties
s 167am A1995‑53 sch 2
Use of prescribed forms
s 168sub Ord1979‑16 s 6
om A1993‑89 sch
Document bearing imprint of seal of registrar-general
s 168Ains Ord1979‑16 s 6
am A1998‑54 sch
Alteration of forms
s 169am Ord1925‑12 s 4; Ord1930‑19 sch; Ord1977‑18 s 18; Ord1979‑16 s 7
om A1993‑89 sch
General form of application
s 169Ains Ord1961‑7 s 12
om A1993‑89 sch
Sales by order of court etc
s 170am Ord1970‑6 s 12, sch 2; Ord1989‑38 sch 1; A1991‑22 s 11; A1993‑89 sch; A1995‑53 sch 2; ss renum R3 LA; A2006‑40 amdt 2.116
Surrender and regrant of lease of land affected by writ
s 170Ains A2000‑82 s 18
am A2006‑40 amdt 2.117
Conditions of sale of land under this Act
s 171am A1995‑53 sch 2; A2020-16 s 78; pars renum R40 LA
Seal of corporation substituted for signature
s 172am A1995‑53 sch 2
om A2000‑82 s 19
Attesting of instruments
s 173am Ord1961‑7 s 13
sub A1995‑53 s 64
am A2020-16 s 79
Mode of proving execution
s 174am Ord1937‑27 sch 2; A1993‑89 sch
om A1995‑53 s 64
Acknowledgment by married woman not necessary
s 175om Ord1986‑31 s 8
Place of signing to be stated
s 176om A1995‑53 s 64
Signature in ink
s 177om A2016‑37 amdt 1.27
Service of notices
s 178am A1993‑89 sch
sub A1995‑53 s 65
Registrar-general may collect information
s 178Ains A2016‑37 amdt 1.28
Registrar-general must give information about certain transactions and instruments to revenue commissioner
s 178Bins A2017‑1 amdt 1.106
am A2018‑2 amdt 1.15, amdt 1.16; pars renum R37 LA; A2023‑13 s 18; A2023-36 amdt 1.224; A2024‑29 s 38, s 39
Expiry of provision
s 178Cins A2020-26 amdt 1.2
sub A2023-36 amdt 1.225
exp 8 July 2025 (s 178C)
Regulation-making power
s 179am Ord1930‑19 sch; Ord1977‑18 s 19; Ord1983‑39 s 10; Ord1989‑38 sch 1
sub A1995‑53 s 65
sub A2001‑44 amdt 1.2597
Transitional
pt 20ins A2000‑80 amdt 3.10
Savings of titles with words ‘no survivorship’ endorsed
s 180ins A2000‑80 amdt 3.10
The schedules
schs hdgom A1993‑89 sch
sch 1orig 1st sch am Ord1930‑19 sch; Ord1956‑16 s 13; Ord1967‑46 sch; Ord1975‑33 s 7; Ord1983‑39 s 11; Ord1986‑31 s 9; A1993‑64 sch 1
om A1993‑89 sch
(prev sch 7 (7th sch)) renum by A1993‑89 s 4
am A1995‑53 sch 2
Documents required to be in approved form
sch 2orig sch 2 (2nd sch) am Ord1930‑19 sch; Ord1963‑6 s 4; Ord1967‑46 sch; A1993‑64 sch 1
om A1993‑89 sch
(prev sch 18) renum by A1993‑89 s 4
sub A1995‑53 s 66, sch 1
om A2001‑44 amdt 1.2598
Matters subject to determination of fees
sch 3(prev 3rd sch) am Ord1930‑19 sch; A1993‑64 sch 1
om A1993‑89 sch
ins A1995‑53 sch 1
om A2001‑44 amdt 1.2598
sch 4(prev 4th sch) am Ord1930‑19 sch; Ord1967‑46 sch; Ord1975‑33 sch; Ord1986‑31 s 10; A1993‑64 sch 1
om A1993‑89 sch
sch 5(prev 5th sch) am Ord1930‑19 sch; Ord1967‑46 sch; Ord1975‑33 sch; Ord1986‑31 s 11; A1993‑64 sch 1
om A1993‑89 sch
sch 6(prev 6th sch) am Ord1930‑19 sch; Ord1967‑46 sch; Ord1975‑33 sch; Ord1986‑31 s 12; A1993‑64 sch 1
om A1993‑89 sch
sch 7(prev 7th sch) renum sch 1 A1993‑89 s 4
sch 8(prev 8th sch) am Ord1930‑19 sch; Ord1967‑46 sch; Ord1975‑33 sch; A1993‑64 sch 1
om A1993‑89 sch
sch 9(prev 9th sch) am Ord1930‑19 sch; Ord1967‑46 sch; Ord1975‑33 sch; A1993‑64 sch 1
om A1993‑89 sch
sch 10(prev 10th sch) am Ord1930‑19 sch; Ord1967‑46 sch; Ord1975‑33 sch; A1993‑64 sch 1
om A1993‑89 sch
sch 11(prev 11th sch) am Ord1930‑19 sch; Ord1967‑46 sch; Ord1975‑33 sch; Ord1986‑31 s 13; A1993‑64 sch 1
om A1993‑89 sch
sch 12(prev 12th sch) am Ord1930‑19 sch
om Ord1956‑16 s 14
sch 13(prev 13th sch) am Ord1930‑19 sch
om Ord1956‑16 s 14
sch 14om A1993‑89 sch
sch 15(prev 15th sch) am Ord1930‑19 sch; Ord1937‑27 sch 2; Ord1967‑46 sch; A1993‑64 sch 1
om A1993‑89 sch
sch 16(prev 16th sch) am Ord1930‑19 sch; Ord1967‑46 sch; A1993‑64 sch 1
om A1993‑89 sch
sch 17om A1993‑89 sch
sch 18(prev 18th sch) am Ord1925‑12 s 5; Ord1930‑19 s 7; Ord1933‑26 s 7; Ord1940‑16 s 5; Ord1951‑9 s 5
sub Ord1956‑16 s 15
am Ord1961‑7 s 14
sub Ord1963‑6 s 5
am Ord1967‑46 s 5; Ord1969‑9 s 8; Ord1975‑33 s 8
sub Ord1977‑47 s 7
am Ord1978‑24 s 5; Ord1979‑16 s 8; Ord1980‑13 s 5; Ord1982‑78 s 4
sub Ord1983‑39 s 12
am Ord1983‑68 s 12; Ord1986‑44 s 3
renum as sch 2 A1993‑89 s 4
sch 19(prev 19th sch) om A1993‑89 sch
sch 20(prev 20th sch) ins Ord1927‑21 s 14
am Ord1930‑19 sch; A1993‑64 sch 1
om A1993‑89 sch
sch 21(prev 21st sch) ins Ord1940‑16 s 6
am A1993‑64 sch 1
om A1993‑89 sch
sch 22(prev 22nd sch) ins Ord1956‑16 s 16
am Ord1967‑46 sch; A1993‑64 sch 1
om A1993‑89 sch
sch 23(prev 23rd sch) ins Ord1961‑7 s 15
am A1993‑64 sch 1
om A1993‑89 sch
sch 24(prev 24th sch) ins Ord1972‑11 s 3
am A1993‑64 sch 1
om A1993‑89 sch
sch 25(prev 25th sch) ins Ord1983‑68 s 13
om A1993‑89 sch
Dictionary
dictins A2007‑3 amdt 3.312
am A2007‑25 amdt 1.89; A2008‑14 amdt 1.40; A2009‑20 amdt 3.116; A2011‑3 amdt 3.278; A2012‑40 amdt 3.62; A2013‑39 amdt 2.35 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55)); A2015‑19 s 60; A2015‑33 amdt 1.130; A2017‑1 amdt 1.107; A2020-16 s 80; A2023-36 amdt 1.226
def administrative interest ins A2007‑25 amdt 1.90
amA2014‑18 amdt 3.56
def applicant ins A2020-4 s 35
om A2021‑25 s 19
def approved ins A2020-4 s 35
om A2021‑25 s 19
def authorised entity ins A2007‑25 amdt 1.90
subA2014‑18 amdt 3.57
def building lessee ins A2021‑25 s 20
def building management committee ins A2020-4 s 35
def building management statement ins A2020-4 s 35
sub A2021‑25 s 21
def building sublease ins A2015‑19 s 61
sub A2023-36 amdt 1.227
def caveator am A1995‑53 s 6
reloc from s 6 A2007‑3 amdt 3.304
def computer folio ins A1993‑89 sch
reloc from s 6 A2007‑3 amdt 3.304
def court ins A2007‑3 amdt 3.298
reloc from s 6 A2007‑3 amdt 3.304
def Crown land reloc from s 6 A2007‑3 amdt 3.304
def Crown lease am Ord1927‑21 s 2; A2007‑3 amdt 3.299
reloc from s 6 A2007‑3 amdt 3.304
sub A2007‑25 amdt 1.91
def daily newspaper ins A2015‑33 amdt 1.131
om A2018‑33 s 85
def declared land sublease ins A2015‑19 s 61
sub A2023-36 amdt 1.227
def E-Conveyancing Law ins A2020-16 s 81
def encumbrance reloc from s 6 A2007‑3 amdt 3.304
def encumbrancee reloc from s 6 A2007‑3 amdt 3.304
def encumbrancer am A1995‑53 sch 2
reloc from s 6 A2007‑3 amdt 3.304
def Federal Capital Commission ins A2007‑3 amdt 3.300
reloc from s 6 A2007‑3 amdt 3.304
amA2014‑18 amdt 3.58
def grant am Ord1927‑21 s 2
sub A2007‑3 amdt 3.301
reloc from s 6 A2007‑3 amdt 3.304
def instrument am Ord1961‑7 s 5
sub Ord1983‑68 s 3
am A1995‑53 s 6
reloc from s 6 A2007‑3 amdt 3.304
am A2015‑19 s 62
defLand Act ins A1991‑118 sch 1 pt 9
reloc from s 6 A2007‑3 amdt 3.304
om A2007‑25 amdt 1.92
def land sublease ins A2015‑19 s 63
sub A2023-36 amdt 1.227
def lodge ins A1995‑53 s 6
reloc from s 6 A2007‑3 amdt 3.304
def memorandum of provisions ins Ord1983‑68 s 3
reloc from s 6 A2007‑3 amdt 3.304
def memorial ins A1995‑53 s 6
reloc from s 6 A2007‑3 amdt 3.304
def mortgage reloc from s 6 A2007‑3 amdt 3.304
def mortgagee reloc from s 6 A2007‑3 amdt 3.304
def mortgagee corporation ins A2020-16 s 81
def mortgagor am A1995‑53 sch 2
reloc from s 6 A2007‑3 amdt 3.304
def parties ins A2020-4 s 35
om A2021-25 s 22
def proprietor sub Ord1957‑12 s 2
reloc from s 6 A2007‑3 amdt 3.304
def register ins A1995‑53 s 6
reloc from s 6 A2007‑3 amdt 3.304
def registered building management statement ins
A2020-4s 35
sub A2021‑25 s 23
def registrable form ins A2007‑3 amdt 3.312
def relevant building ins A2021‑25 s 24
def reviewable decision ins A2020-4 s 35
om A2021‑25 s 25
def transfer am A1995‑53 sch 2
reloc from s 6 A2007‑3 amdt 3.304
def transmission am A2006‑22 amdt 1.70 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
reloc from s 6 A2007‑3 amdt 3.304
am A2008‑14 amdt 1.39; A2012‑40 amdt 3.61
def units plan ins A2015‑19 s 63
def verification of authority rules ins A2020-16 s 81
def verification of identity rules ins A2020-16 s 81
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 A1995‑53 20 June 1996 2 A1998‑4 1 July 1998 3 A2001‑58 7 March 2002 4* A2001‑58 11 March 2002 5 A2001‑58 1 July 2002 6 A2002‑39 11 October 2002 7 A2002‑40 1 November 2002 8 A2003‑14 28 March 2003 9 A2003‑14 1 July 2003 10* A2003‑34 1 September 2003 11 A2004‑15 9 April 2004 12 A2005‑21 12 November 2005 13 A2006‑40 29 September 2006 14 A2006‑40 19 October 2006 15 A2007‑3 12 April 2007 16 A2007‑3 30 May 2007 17 A2007‑33 14 November 2007 18 A2008‑4 31 March 2008 19 A2008‑14 19 May 2008 20* A2009‑20 22 September 2009 21 A2010‑6 3 March 2010 22 A2010‑18 3 June 2010 23 A2010‑50 21 December 2010 24 A2011‑3 1 March 2011 25 A2011‑41 30 March 2012 26 A2012‑40 11 September 2012 27 A2013‑7 4 March 2013 28 A2013-11 4 April 2013 29 A2013‑39 (never effective) 7 November 2013 29 (RI) A2013‑39 (never effective) ≠ 24 February 2014 30 A2014-18 10 June 2014 31 A2015-6 29 June 2015 32 A2015‑19 1 July 2015 33 A2015-33 14 October 2015 34 A2016-18 27 April 2016 35 A2016-37 29 June 2016 36 A2017‑1 18 September 2017 37 A2018‑2 1 March 2018 38 A2018‑33 2 October 2018 39 A2019‑28 2 April 2020 40 A2020‑16 1 June 2020 41 A2020‑20 1 July 2020 42 A2020‑20 1 November 2020 43 A2021‑25 18 November 2021 44 A2021‑33 17 December 2021 45 A2021‑33 8 July 2022 46 A2022‑21 10 Dec 2022 47 A2023‑13 12 April 2023 48 A2023‑36 27 November 2023 49 A2023‑57 12 December 2023 50 A2024‑29 16 July 2024 51 A2025‑3 21 March 2025 ≠ reissue because of High Court decision in relation to A2013-39
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