Real Property Act 1957 (ACT)

AUSTRALIAN CAPITAL TERRITORY.

No. 12 of 1957.

AN ORDINANCE

To amend the Real Property Ordinance 1925-1956.

I THE GOVERNOR-GENERAL in and over the Common-, wealth of Australia, acting with the advice of the Federal	Executive Council, hereby make the following Ordinance under
the Seat of Government (Administration) Act 1910-1955.

Dated this eighth day of November, 1957.

W. J. SLIM
Governor-General.

By His Excellency's Command,

NEIL O'SULLIVAN

Attorney-General for and on behalf of the Minister of State for the Interior.

REAL PROPERTY ORDINANCE 1957.*

1.—(1.) This Ordinance may be cited as the Real Property Ordinance 1957.	Short title
and citation.

(2 . ) The Real Property Ordinance 1925-1956f 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
1925-1957.
5410/57.—PRICE 3D.
2 . Section six of the Principal Ordinance is amended—	Interpretation.

(a) by inserting in sub-section (1.), after the definition
of " Crown Lease ", the following definition:—
" ' Curator ' means the Curator of Estates of
Deceased Persons appointed under
the Administration and Probate Ordi-
nance 1929-1953 and includes an Acting
Curator of Estates of Deceased Persons

and a Deputy Curator of Estates of

Deceased Persons so appointed;";

* Notified in the Commonwealth Gazette on 21st November, 1957.
t Ordinance No. 1, 1925, as amended by Ordinance No. 12, 1925; No. 8, 1926; Nos. 15

and 21, 1927; No. 19, 1930; Nos. 26 and 34, 1933; No. 14, 1934; No. 15, 1936; No. 27, 1937; Nos. 15, 25 and 35, 1938; No. 16, 1940; No. 15, 1942; No. 9, 1951; and No. 16, 1956.

(b) by omitting from sub-section (1.) the definition of " Proprietor" and inserting in its stead the following definition:—

' Proprietor' means a person seized or possessed of, or entitled to, land, at law or in equity;"; and

(c) by omitting from that sub-section the definition of

" Public Trustee ".

3.—(1.) Section seven of the Principal Ordinance is repealed and the following section inserted in its stead:—

Registrar of

Titles, Acting	" 7.—(1.) For the purposes of this Ordinance, the Attorney-
Registrar of
Titles and	General may appoint—
Deputy
Registrars of	(a) a Registrar of Titles;
Titles.	(b) an Acting Registrar of Titles to act in the office of Registrar of Titles during a vacancy in that office or during the illness or absence of the Registrar of Titles; and
(c) such Deputy Registrars of Titles and other officers

as the Attorney-General considers necessary.

" (2.) An Acting Registrar of Titles while acting in the office of Registrar of Titles has, and may exercise and perform, all the powers and functions of the Registrar of Titles.

" (3.) Subject to the directions of the Registrar of Titles, a Deputy Registrar of Titles has, and may exercise and perform, all the powers and functions of the Registrar of Titles.

" (4.) The appointment of a Deputy Registrar of Titles does not affect the exercise of a power or the performance of a function by the Registrar of Titles or an Acting Registrar of Titles.".

(2.) A person holding office immediately before the date of

commencement of this Ordinance as Registrar of Titles or Deputy

Registrar of Titles under the Real Property Ordinance 1925-1956

continues to hold office on and after that date as Registrar of Titles or Deputy Registrar of Titles, as the case may be, as if he was so appointed under the Real Property Ordinance 1925-1957.

Registrar to

keep Register	4. Section forty-three of the Principal Ordinance is amended
Book.	by adding at the end thereof the following sub-section:—

" (3.) Where the Registrar is satisfied—

(a) that the Register Book 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 may cancel the entry in the Register Book.".

5 . Section forty-seven A of the Principal Ord inance is Registration • . « • //» s i j « i of transfers oi

amended by omitting from sub-section (2 . ) the words , the mortgages snb Le iscs &c

day and hour of the product ion of the instrument for registration and the names of the parties thereto, and shall refer by number or by symbol to the i n s t r u m e n t " and inserting in their stead the words " and such other part iculars as the Registrar directs,".

6. Section forty-nine of the Principal Ordinance is amended Form of

by omitting the words " , the day and hour of the product ion of the instrument for registration, and the names of the parties thereto, and shall refer by number or symbol to the instrument ," and inserting in their stead the words " and such other part iculars as the Registrar directs,".

7 . Section fifty of the Principal Ordinance is amended by Memorial to be
omitting sub-section (1 . ) and inserting in its stead the following duplicate grant, ! r. ' certificate or

S U b - S e C t l O n :  instrument.
unless dispensed

" (1 . ) Where a memorial of an instrument is entered in the wi,h-

Register Book, the Registrar shall endorse a corresponding memoria l on the duplicate grant, certificate of title or instrument evidencing title to the estate or interest intended to be dealt with or in any way affected, unless the Registrar dispenses with the product ion of the duplicate grant, certificate of title or instrument under the succeeding provisions of this Ordinance ." .

8 . Section sixty-two A of the Principal Ordinance is amended Power of

ing sub-sect ions:— certiflcate- by omitting sub-section (1 . ) and inserting in its stead the follow- issue new

" ( 1 . ) Where—

(a) a duplicate grant or certificate of title lodged with

the Registrar is in such a condition that, in the

(b) it appears to the Registrar to be desirable that a new certificate of title should be issued in respect of the whole or part of the land in respect of which a person is registered as proprietor, opinion of the Registrar, a new certificate of title should be issued in its place; or

the Registrar may issue the new certificate of title and cancel or partly cancel, as the case requires, the existing grant or cer- tificate of title.

" (1A. ) Where the Registrar issues a certificate of title under the last preceding sub-section, the person registered as proprietor of the land in respect of which the certificate of title is issued is liable to pay the prescribed fees for the issue of a certificate of title.".

Registrar may

register as	9. Section sixty-eight of the Principal Ordinance is amended ^ B j
proprietor a
person entitled	by omitting the words " stamp duty and ".
to land by operation of statute or by defeasance of estate.
10. After section seventy-two A of the Principal Ordinance the following section is inserted in Part IX.:— t
Dealing with
land before	" 72B.—(1. ) An instrument signed by a person to whom a person claiming through or under such a person, and purporting to pass such an estate or interest in the land as may be registered under this Ordinance shall be deemed to confer on the person intended to take the estate or interest in the land under the instrument, and on any other person claiming through or under the person intended to take that estate or interest, the right, upon the registration of the Crown lease under this Ordinance, to have the instrument registered under this Ordinance.
grant or
registration of	Crown lease of land is or has been granted, or signed by a
Crown lease.
" (2.) The right conferred by the last preceding sub-section to have an instrument registered is conferred notwithstanding that the Crown lease had not been granted or registered when the instrument was signed, but is otherwise conferred subject to the provisions of this Ordinance.".
attorney.
Powers of	11. Section one hundred and thirty of the Principal Ordi- nance is amended by adding at the end of sub-section (2.) the words "or under the Registration of Deeds Ordinance 1957.".
Transmission of	12. Section one hundred and thirty-five of the Principal

lease on death Ordinance is amended by omitting the words " Public Trustee "

of proprietor. (wherever occurring) and inserting in their stead the word

" Curator ".

Registration 13. Section one hundred and thirty-six of the Principal

transmission, words " Public Trustee " and inserting in their stead the word admlntstrators. Ordinance is amended by omitting from sub-section (2.) the " Curator ".

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.