Real Property Act 1969 (ACT)

REAL PROPERTY

No. 9 of 1969

An Ordinance to amend the Real Property Ordinance

1925-1967.

1.—(1.) This Ordinance may be cited as the Real Property Ordinance 1969.*

(2.) The Real Property Ordinance 1925-1967f 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 1925-1969.

2. This Ordinance shall come into operation on the first day of

July, One thousand nine hundred and sixty-nine.

3 . Section 11 of the Principal Ordinance is repealed.

4. Section 51 of the Principal Ordinance is repealed and the follow­ ing section inserted in its stead:—

"51.—(1.) The Registrar shall not register an instrument under this Ordinance—-

(a) except as provided by this Ordinance; and
(b) unless the instrument is in accordance with this Ordinance.

" (2.) The Registrar shall not register an instrument executed on or after the first day of July, One thousand nine hundred and sixty- nine, being an instrument included in a class of instruments specified in item 4, 5, 6 or 7 of the First Schedule to the Australian Capital Territory Stamp Duty Act 1969, unless—

No. 15, 1942; No. 9, 1951; No. 16, 1956; No. 12, 1957; No. 7, 1961; No. 6, 1963; and No. 46, 1967.

(a) the instrument is duly stamped within the meaning of

the Australian Capital Territory Taxation (Administra­

tion) Act 1969;

(b)	the instrument bears a stamp impressed on it under that
last-mentioned Act to the effect that no stamp duty is payable;
(c)	the instrument, being a counterpart of another instrument
that has been so duly stamped, bears a stamp impressed on it under that last-mentioned Act to that effect; or
(d)	the instrument purports to be a grant or transfer of an
estate or interest in land by or in the name of the Com­ monwealth or to the Commonwealth.".

* Made on 19 June 1969; notified in the Commonwealth Gazette on 20 June 1969.

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'

5 . Section 136 of the Principal Ordinance is amended by omitting from sub-section (1.) the words " in the land of a deceased proprietor or a leasehold estate under a Crown lease " and inserting in their stead the words ", or a leasehold estate under a Crown lease, in the land of a deceased proprietor ".

6 . Section 141 of the Principal Ordinance is repealed.

7 . Section 142A of the Principal Ordinance is repealed.

8 . The Eighteenth Schedule to the Principal Ordinance is amended

by omitting item 6 and inserting in its stead the following item:—

" 6 | On lodging for registration a memorandum of transfer of an estate in

| fee simple or Crown lease . . . . . . . . | 2 .00" .

9 . Notwithstanding the amendments of the Principal Ordinance

made by this Ordinance—

(a)	the provisions of the Principal Ordinance continue to apply to and in relation to an instrument purporting to transfer an estate or interest in land, being an instrument that was executed before the date of commencement of this Ordi­ nance, but is lodged for registration within the meaning of the Principal Ordinance as amended by this Ordinance on or after that date;
(b)	the provisions of the Principal Ordinance apply to and in relation to an instrument purporting to transfer an estate or interest in land, being an instrument—

(i)   that is so lodged for registration on or after that date; and

(ii)   an agreement for which was executed before that date; and

(c)	for the purposes of that application, a certificate of the value of the land may be given under the hand of a person
who was, immediately before that date, a sworn valuator appointed under the Principal Ordinance as if those amend­

ments had not been made.