Real Property Act 1933 (ACT)

[Extract from Commonwealth of Australia Gazette, No. 64, dated

16th November, 1933.]

I THE TERRITORY FOR THE SEAT

OF GOVERNMENT.

No. 26 of 1933.

AN ORDINANCE

• To amend the Real Property Ordinance 1925-1930.

E it ordained by the Governor-General in and over the

B Commonwealth of Australia, with the advice of the Federal Executive Council, pursuant to the powers conferred by the Seat	of Government Acceptance Act 1909 and the Seat of Government
(Administration) Act 1910-1933, as follows:—-

1.— (1.) This Ordinance may be cited as the Real Property short title and citetlon-

Ordinance 1933.

(2.) The Real Property Ordinance 1925-1930 is in this Ordinance referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Real Property Ordinance 1925-1933.

2.— (1.) Section three of the Principal Ordinance is amended Bepeai.

by inserting, after the word "Act," (last occurring), the words
" or which is deemed to be under the provisions of that Act,".

(2.) This section shall be deemed to have commenced on the date of the commencement of the Real Property Ordinance 1925.

3. Section thirty-eight of the Principal Ordinance is amended laud registered

by inserting, after the word " is " the words " or is deemed to be ". Property Act

1900 of New

4. Section one hundred and twenty-eight of the Principal South wales Ordinance is amended by omitting the word " Ac t" and inserting ordinance. in its stead the word " law ". Begistrar to

carry out order

5. After section one hundred and thirty-eight of the Princi|>al ?esMngrtt.nist

Ordinance the following section is inserted in Part XIV.:—

14J1.—PRICE 3D.

" 138A.—(1.) Where any land, estate or interest under the pro- Appointment

visions of this Ordinance is held by a trustee, either solely or jointly additional with other trustees, and— trostew.

(a) the trustee vacates his office and a new trustee is
appointed in his place or the vacancy is not filled; or

(b) an additional trustee is appointed to hold the land,

estate or interest jointly with the existing trustees,

the Registrar, upon receipt of the instrument effecting the vacancy or appointing the new or additional trustee, or of an office copy thereof, or of a copy thereof verified by affidavit, or upon produc- tion of such other evidence as the Registrar thinks sufficient, and upon being satisfied that the vacation of office or the new or additional appointment, as the case may be, is in accordance with law, shall, subject to this Ordinance, enter in the Register Book upon the folium constituted by the grant or certificate of title of the land effected and on such instruments as he thinks fit, a memo- randum setting forth the fact of the vacation of the office or of the new or additional appointment, as the case may require.

•2

" (2.) Upon the entry being made the continuing trustees, or

the continuing trustees and the new or additional trustee, as the

case may be, shall be deemed to be the registered proprietors of the	I
of this Ordinance as if they were the trustees originally registered its proprietors of the land, estate or interest.
" (3.) For the purposes of this section ' t rus tee ' includes an assignee or trustee of a bankrupt or insolvent registered proprietor, and an executor or administrator of the estate of a deceased pro- prietor.".	I

land, estate or interest, and as such to be subject to the provisions

Percentage to	6. Section one hundred and forty-one of the Principal
foe levied
for the	Ordinance is amended by adding at the end of sub-section (1.) the
registration of
regii	following proviso:—•
a tr.	ansfer.

" Provided that in the case of—

(a) a transfer not made for valuable consideration and made to a beneficiary by a trustee in conformity with the trusts contained in a memorandum of transfer, or a declaration of trust executed in conjunction with a memorandum of transfer, in respect of which such fees have been paid as would have been payable if the transfer had been made direct to the beneficiary;

(6) a transfer made or executed bona fide by way of com- pletion or confirmation of title whereby no greater benefit, legal or equitable, accrues to the person in whose favour the transfer is made or executed than he originally had or was entitled to have by virtue of some other instrument in respect to which the fees payable under this Ordinance have been paid;

(c) an instrument of appointment made in favour of persons specially named or described as the objects of a power of appointment contained in a memorandum of transfer in respect of which the fees payable under this Ordinance have been paid; or

(d) a transfer whereby the apparent purchaser of property that is vested in him upon trust for the person who was the real purchaser, and who has actually paid	the purchase money therefor, transfers the same to
the real purchaser,

the fee payable for the registration of the memorandum of transfer

or instrument of appointment shall be One pound ".

ghteentb	7. The Eighteenth Schedule to the Principal Ordinance is
hedule	amended by adding at the end thereof the words—

£ 8. d.

" For entering memorandum of fact of vacation of office

of trustee or appointment of new or additional

trustee . . . . . . . . . . 1 0 0 " .

Dated the tenth day of November, 1933.

ISAAC A. ISAACS

Governor-General.

By His Excellency's Command,

A. J. McLACHLAN

for Minister of State for the Interior.

By Authori ty: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.