Real Property Act Amendment Act 1978 (Qld)

223 (^ix^^xt^Z^ix^r ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 27 of 1978 An Act to amend the Real Property Act 1861-1976 in certain particulars and for other purposes [ ASSENTED TO 2ND JUNE, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Real Property Act Amendment Act 1978. (2) In this Act the Real Property Act 1861-1976 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Real Property Act 1861-1978. 2. Commencement . This Act shall commence on a day to be fixed by Proclamation.

224 Real Property Act Amendment Act 1978, No. 27 3. Amendment of s. 36 . Section 36 of the Principal Act is amended by omitting the words " excepting the sum payable to the assurance fund ". 4. Amendment of s. 38. Section 38 of the Principal Act is amended by omitting the words " including the sum payable to the assurance fund ". 5. Repeal of and new s. 41. The Principal Act is amended by repealing section 41 and substituting the following section:- " 41. Levy of fee for assurance of title. There shall be paid to the Registrar of Titles as an assurance fee the sum from time to time prescribed in that respect by Order in Council under section 140- (a) upon the first bringing of land under the provisions of this Act by the alienation thereof in fee from the Crown; or (b) on each application , dealing, transaction or instrument lodged in his office upon which or for which a fee is payable as prescribed by Order in Council pursuant to the said section 140.". 6. Declaratory and validating provisions with respect to assurance fund moneys . (1) On and from the commencement of this Act, all sums of money specified in subsection (2) and paid to the Treasurer of the State under the Real Property Act 1861-1978 shall, instead of being paid into the assurance fund referred to in section 42 of that Act, be paid by the Treasurer into and shall form part of Consolidated Revenue. (2) The sums of money referred to in subsection (1) are all sums of money payable to the Registrar of Titles pursuant to section 41 of the Real Property Act 1861-1978 or pursuant to- (a) any other provision of the said Act; or (b) any provision of any other Act or law requiring payments to be made to the assurance fund. (3) The payment by the Treasurer into Consolidated Revenue of any sums of money specified in subsection (4) is hereby validated, approved, ratified and made lawful notwithstanding any provision of the Principal Act or of any other Act or law. (4) The sums of money referred to in subsection (3) are sums of money paid to the Registrar of Titles (or to some person or body on his behalf) on or after 22 October 1973 pursuant to section 41 of the Principal Act or pursuant to- (a) any other provision of the Principal Act; or (b) any provision of any other Act or law requiring payments to be made to the assurance fund and paid to the Treasurer under the Principal Act. (5) On and from the commencement of this Act, all amounts awarded by any verdict, judgment or decree of the court as is set forth in section 42 of the Real Property Act 1861-1978 and lawfully payable from the assurance fund shall be paid out of Consolidated Revenue.

Real Property Act Amendment Act 1978, No. 27 225 7. Declaratory provision relating to Part III of 1 Eliz. II. No. 43. It is hereby declared that the words " any Act amending the same " occurring in section 140 of the Real Property Act 1861-1978 include, and shall be deemed always to have included, as part of their meaning Part III of The Real Property Acts Amendment Act of 1952.