Real Property Act 1961 (ACT)

68 No. 7. Real Property. 1961.

REAL PROPERTY.

No. 7 of 1961.

An Ordinance to amend the Real Property Ordinance

1925-1957.

Short title	1.—(1.) This Ordinance may be cited as the Real Property
and
citation.	Ordinance 1961.*
(2.) The Real Property Ordinance 1925-1957f is in this Ordinance referred to as the Principal Ordinance.
(3.) The Principal Ordinance, as amended by this Ordi- nance, may be cited as the Real Property Ordinance 1925-1961.
Commence'	2. This Ordinance shall come into operation on the first day of June, One thousand nine hundred and sixty-one.
ment.
3. After section three of the Principal Ordinance the follow- ing section is inserted:—
Provisions	" 3A. Where, immediately before the commencement of this application to the Territory by virtue of the second proviso to sub-section (2.) of section six of the Seat of Government Acceptance Act 1909-1955 or section four of the Seat of Government {Administration) Act 1933—
affecting
certain land	section, land was deemed to be under the provisions of the Real
to which
State Act	Property Act, 1900, of the State of New South Wales in its
applies.

and 35, 1938; No. 16, 1940; No. 15, 1942; No. 9, 1951; No. 16, 1956; and No. 12, 1957.

Real Property. No. 7.

(a) that land shall, subject to the next succeeding para- graph, be deemed, by force of this section, to be under the provisions of that Act in that applica- tion from the commencement of this section until the land is under the provisions of this Ordinance; or

(b) if the Registrar has, by notice published in the Gazette before the commencement of this section, purported to declare that that land is, by force of the notice, brought under the provisions

* Made on 18th May, 1961; notified in the Commonwealth Gazette on 25th May, 1961, and com menced on 1st June, 1961.

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

of the Real Property Ordinance 1925-1956 or that Ordinance as amended by the Real Property Ordinance 1957, that land shall, by force of this section, be under the provisions of this Ordinance after the commencement of this section.".

4. Section four of the Principal Ordinance is repealed and

the following section inserted in its stead:—

" 4. This Ordinance is divided into Parts, as follows:—

Part	I.—Preliminary (Sections 1-6).
Part	II.—Administration (Sections 7-13).
Part	III.—General Powers of Registrar (Sections

14-16).

Part	IV.—Future Grants of Freehold and of Certain Crown Leaseholds (Section 17).
Part	V.—Applications to bring Land under the Ordinance and Proceedings Thereon.

Division 1.—Requirements of Applications

(Sections 18-20).
Division 2.—Procedure on Applications (Sec-
tions 21-29).
Division 3.—Caveats against Original Applica-

tions (Sections 30-34).

Part VI.—Issue of Certificates of Title and Grants

(Sections 35-37).

Part	VII.	-—Land Registered under the Real Pro-
perty Act 1900 of the State of New

South Wales (Sections 38-42).

Part VIII.—Register Book and Registration (Sec-

tions 43-69).

Part	IX.—Crown Leases (Sections 70-72c).
Part	X.—Dealings.

Division 1.—Transfers (Sections 73-81).

Division 2.—Leases (Sections 82-91).

Division 3.—Mortgages and Encumbrances

(Sections 92-103).
Division 4.—Caveats Against Dealings (Sections

104-108).

Part XI.—Implied Covenants and Short Forms of

Covenants (Sections 109-123).

70 No. 7. Real Property. 1961.

Part XII.—Trusts (Sections 124-129).

Part XIII.—Powers of Attorney (Sections 130-

131).

Part	XIV.—Transmissions (Sections 132-138B).
Part	XV.—Fees (Sections 139-142A).
Part	XVI.—Civil Rights and Remedies (Sections

143-159).

Part XVII.—Cancellation and Correction of Instru-

ments (Sections 160-162).

Part XVIII.—Practice and Procedure (Sections 163-

164).

Part XIX.—Miscellaneous (Sections 165-179).".

Interpretation.	5. Section six of the Principal Ordinance is amended by inserting in the definition of "instrument" in sub-section (1.), after the word " sub-lease ", the words ", endorsement on a lease under section eighty-six of this Ordinance, memorandum of surrender of a lease ".
Bringing under	6. Section thirty-eight of the Principal Ordinance is amended commencement of this Part" and inserting in their stead the words " immediately before the date of publication of the notice ".
this Ordinance
of land to	by omitting from sub-section (1.) the words " at the date of
which the State
Act applies.
d!$icatdeg?ant, omitting from sub-section (3.) the word "shal l" (second	Memorial to be 7. Section fifty of the Principal Ordinance is amended by
utSrurn'enr occurring) and inserting in its stead the word " may ".
unless dispensed with.

8. After section 72B of the Principal Ordinance the follow- ing section is inserted in Part IX.:—

Memorial	"72c.—(1.) Where the Registrar is satisfied, with respect which section twenty-eight of the City Area Leases Ordinance 1936-1959 applies, that, on or before a particular date, a building was completed on the land included in the lease in accordance with a building plan or design, being a plan or design prepared or approved by the proper authority for the purposes of that section for the building that the lessee is required by the lease to erect on that land, the Registrar may enter in the Register Book, on the folium constituted by a copy of the lease, a memorial to that effect.
of completion
of building on	to a Crown lease that is registered under this Ordinance and to
land included
in lease.

1961. Real Property. No. 7. 71

" (2.) A memorial made under the last preceding sub- section shall, for the purposes of section twenty-eight of the City Area Leases Ordinance 1936-1959, be conclusive evidence of the matter as to which the Registrar has stated in the memorial that he is satisfied.".

9. Section eighty of the Principal Ordinance is amended Endorsement

by inserting after the words " Crown land" the words becomes Crown	" (whether or not held by the Commonwealth in its capacity land'
as a body corporate conferred by section sixty-one of the Lands Acquisition Act 1955-1957) ".

10. Section eighty-six of the Principal Ordinance is fe'£ee£derof

a m e n d e d	endorsement.
ftc.

(a) by adding at the end of sub-section (1.) the words " or a memorandum of surrender may be executed in accordance with the form in the Twenty-third Schedule to this Ordinance";

(b) by inserting in sub-section (2.), after the word

"endorsement" (wherever appearing), the

words " or memorandum of surrender ";

(c) by omitting sub-section (3.) and inserting in its

stead the following sub-section:—

" (3.) The Registrar shall, upon production

to him of—

(a) the lease or counterpart endorsed in

accordance with this section; or

(b) a memorandum of surrender executed

in accordance with this section,

enter in the Register Book a memorial recording

the date of the surrender.";

(d) by omitting sub-section (5.);
(e) by adding at the end of sub-section (7.) the words

" or, if a memorandum of surrender is executed, the memorandum shall include the words ' This surrender is with a view to the acceptance of a new lease.'";

(/) by inserting in sub-section (8.), after the words " the endorsement ", the words " or memorandum of surrender "; and

(g) by inserting in sub-section (9.), after the word " endorsement ", the words " or memorandum of surrender ".

72 No. 7. Real Property. 1961.

Entry of	1 1 . Section eighty-seven A of the Principal Ordinance is
casein	amended by omitting the words " upon application in that behalf
Bo?k!er	made by the lessor and ".

12 . After section one hundred and sixty-nine of the Principal

Ordinance the following section is inser ted:—

SSiStion™of " 1 6 9 A . A n application to the Registrar under this

Ordinance for which a form is not, apart from this section, specified by this Ordinance shall be made in accordance with a form approved by the Registrar.".

Attesting and	1 3 . Section one hundred and seventy-three of the Principal
fn^SSenL	Ordinance is amended—

(a) by omitting paragraph (a) of sub-section (2.) and
inserting in its stead the following paragraph:—
" (a) if the party executing the instrument is
resident within the Commonwealth or

a Territory of the Commonwealth—

before—

(i) the Registrar;
(ii) a person before whom a statu-

tory declaration under the Statutory Declarations Act 1959 may be made; or

(iii) a barrister or solicitor of the High Court or of a Supreme Court of a State or a Terri- tory of the Common- wealth;"; and

(b) by adding at the end thereof the following sub-	section:—
" (3.) Notwithstanding the last preceding sub- section, the execution of an instrument by a person resident outside the Commonwealth and the Territories of the Commonwealth may be proved before a person who is an Australian Diplomatic Officer or an Australian Consular Officer for the purposes of the Consular Fees A ct 1955.".

Eighteenth	H . The Eighteenth Schedule to the Principal Ordinance is amended by inserting in item 5 of the table, after the word " copy " (first occurr ing) , the words " furnished under section 65 of this Ordinance ".
schedule.

1961. Real Property. No. 7. 73

15. The Principal Ordinance is amended by adding at the Twenty-thi«i

end thereof the following Schedule:— schedule.

" THE TWENTY-THIRD SCHEDULE.

Section 86.

AUSTRALIAN CAPITAL TERRITORY.

Real Property Ordinance 1925-1961.

MEMORANDUM OF SURRENDER OF LEASE.

I	<	b e i n
'	"	' * registered ( a ) I n s e r t n a m < >

as the proprietor of a lease of the land mentioned in the Schedule to this memoran- andaddrewof

dum, do hereby, in consideration of	, surrender all my lessee.
estate or interest as lessee in the land.

THE SCHEDULE.

District or Block Section Whole Description of Land

Vol. Folio.

Division. No. No. or Fart. (if part only).

Dated this day of , 19 .

Lessee,

Signed at by the said
who is personally known to me, in my presence.

Witness.

Accepted.

Lessor.".