Real Property Act 1930 (ACT)

[Extract from Commonwealth of Australia Gazette, No. 90,

dated 16th October, 1930.1

THE TERRITORY FOR THE SEAT OE

GOVERNMENT.

No. 19 of 1930.

AN ORDINANCE

To amend the Real Property Ordinance 1925-1927.

B E it ordained by the person administering the Government of the Commonwealth of Australia, with the advice of the	Federal Executive Council, in pursuance of the powers conferred
by the Seat of Government Acceptance Act 1909 and the Seat of
Government (Administration) Act 1910-1930, as follows:—
1.— (1.) This Ordinance may be cited as the Ileal Property short title and	citaMon-
Ordinance	1930.

(2.) The Heal Property Ordinance. 1925-1927 is in this

Ordinance referred to as the Principal Ordinance.

(I!.) The Principal Ordinance, as amended by this Ordinance,

may be cited as the Real Property Ordinance 1925-1930.

2. The Principal Ordinance is amended as set out in the Minor

Schedule to this Ordinance.

3. Section fourteen of the Principal Ordinance is amended by Powers of

inserting in paragraph (a) of sub-section (.1.), after the word " registered ", the words " or which or any portion of which has been resumed or withdrawn ".

4. Section eightv-seven of the Principal Ordinance is amended Registration of

rG'Cntrv DV

2914.—PRICE 3D.

by omitting sub-section (3.) and inserting in its stead the following lessor,
sub-sections:—

" (3.) The person having the lease in his possession or within his control shall, when required by the Registrar, deliver it up to the Registrar for cancellation and the Registrar shall cancel it accordingly.

" (4.) Any person who so fails to deliver a lease up to the

Registrar when required shall be guilty of an offence.

Penalty: One hundred pounds."

5. After section eighty-seven of the Principal Ordinance the

following sections are inserted:—

" 8 7 A . The Registrar may, upon application in that behalf Registrar to .

made by the lessor and upon being satisfied that the term of leased
of a lease has expired, note the expiration of the lease by entry ae8 ls ter Book'

in the Register Book.

" 87B.— (1.) Where, under any power contained in that behalf in any lease or under any law of the Territory, any	•
portion of the land comprised in a lease is resumed or with- drawn by the lessor from the lease, the Registrar, upon proof to his satisfaction of the resumption or withdrawal, shall note such resumption or withdrawal by entry in the Register Book and the estate of the lessee in the portion of the land so resumed or withdrawn shall thereupon determine.	•
" (2.) Where any such resumption or withdrawal is effected by the Commonwealth and is notified in the Gazette, the production of a copy of the Gazette containing the notifica- tion shall be conclusive proof of the resumption or with- drawal.".

Begistration of 6. Section one hundred and thirty-six of the Principal

byTan̂ lission Ordinance is amended—

(a) by omitting from sub-section (8.) the word " sur-
render " (first occurring) and inserting in its stead

the words " produce to the Registrar for cancella-

tion " ;

(b) by omitting from that sub-section the word sur-

render " (second occurring) and inserting in its

stead the word " production " ; and

(r) by omitting from sub-section (9.) the word " sur-

render " and inserting in	its stead the	word
" production ".

7. The Eighteenth Schedule to the Principal Ordinance is amended by omitting the words " Taking declaration " and insert- ing in their stead the words " Lodging declaration ".

THE SCHEDULE.

MINOR AMENDMENTS IN THE PRINCIPAL ORDINANCE.
Section Amended.	Extent of Amendment.
7 (3.)	Omit the sub-section.
7 (4.)	Omit " Commission ", insert " Attorney-General ".
7 (5.)	Omit " Commission ", insert " Attorney-General ".
8 ( 1 . ) . .	Omit " Commission ", insert " Attorney-Generai ". •
11 (1 . ) . .	Omit " Commission ", insert " Attorney-General ".
13	Omit " the Commission ", insert " a person thereto authorized

in writing by the Attorney-General ".

39 Omit " Commission " (wherever occurring), insert ' Common-

wealth ".

40   Omit " Commission ", insert " Commonwealth ".

41 Omit " Commission " (wherever occurring), insert ' Common-

wealth ".

8 6 ( 2 . ) . .	Omit " or the Commission " (wherever occurring).
Omit " by the Commission ", insert " by the Attorney-

General ".

THIS SCHEDULE—continued.

Section Amended.	Extent uf Amendment.
139'	Omit " The Commission ", insert " Registrar ".
141	Omit " Commission ", insert " Registrar ".
142	Omit " Commission ", insert " Registrar ".
142A	Omit " Commission " (wherever occurring), insert Attorney -

General ".

143   Omit " Commission ", insert " Commonwealth ".

II! Omit " Commission " (first occurring), insert ' Common-

wealth ".

Omit " to the person recovering them by the Commission ", insert " by the Commonwealth to the person recovering them ".

145   Omit " Commission" (first and second occurring), insert.

" Commonwealth ".

Omit " t he prescribed officer of the Commission" insert " a person thereto authorized in writing by the Attorney- General ".

146   Omit " Commission " (first, fourth, fifth and sixth occurring),

insert " Commonwealth " .

Omit " the Commission " (second occurring), insert " a person

thereto authorized in writing by the Attorney-General ".

Omit" the prescribed officer of the Commission ", insert" him".

147   Omit " Commission ", insert " Commonwealth ".

151   Omit " Commission ", insert " Commonwealth ".

153 (6) (7) Omit " Commission " (wherever occurring), insert ' Common -

wealth ".

154 (2)	Omit	' Commission '	, insert " Commonwealth ".
155	Omit	' Commission '	, insert " Commonwealth ".
156	Omit	' Commission '	, insert " Commonwealth ".
157	Omit	' Commission '	, insert " Commonwealth ".
158	Omit	' Commission '	, insert " Commonwealth ". ;
169	Omit	Commission " (wherever occurring), insert '	Attornev-

General ".

179 Omit " Commission (first occurring), insert " Attorney-

General ".

Omit sub-sections (2.), (3.) and (4.). ^

The Schedules Omit from Headings to Schedules (wherever occurring^ the

words " FEDERAL CAPITAL COMMISSION " , insert " Heal

Property Ordinance 1925-1930 ".

Third Schedule	Omit " Commission ", insert " Registrar of Titles ".
Dated this ninth day of October, One thousand nine hundrei

and thirty.

SOMERS

Administering the Government of the

Commonwealth of Australia.

By His Excellency's Command,

J NO. J. DALY,

for Minister of State for Home Affairs.

By Authority: H. .1. GREEN, Government Printer, Canberra,