Real Property Act Amendment Act 1980 (Qld)

499 ^1iE$ tzsztkt ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 36 of 1980 An Act to amend the Real Property Act 1861-1979 i n certain particulars [ASSENTED TO 29TH MAY, 1980]

500 Real Property Act Amendment Act 1980, No. 36 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 1980. (2) In this Act the Real Property Act 1861-1979 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Real Property Act 1861-1980. 2. Commencement . This Act shall commence on a day to be fixed by Proclamation and it shall be applicable in the case of any memorandum of transfer of land executed after such commencement. 3. Amendment of s. 3. Section 3 of the Principal Act is amended by, in the meaning of the term " Memorandum of transfer ", omitting the expression " D " and substituting the expression " W ". 4. Repeal of and new s. 48 . Section 48 of the Principal Act is repealed and the followin0g section is substituted:- 48. Transfer . (1) A memorial of a transfer of land under the provisions of this Act shall not be entered in the register book by the Registrar of Titles unless- (a) the transferor executes a memorandum of transfer in form W of the Schedule, which memorandum shall- (i) be attested by a witness ; (ii) for the description of the land intended to be transferred, refer to the grant or certificate of title of such land and give such description as may be sufficient to identify that particular portion of land intended to be transferred; (iii) where a monetary consideration is expressed to have been paid, contain an acknowledgment of the receipt of the relevant sum; and (iv) contain an accurate statement of the estate or interest intended to be transferred and a memorandum of all mortgages, encumbrances, liens and i nterests affecting the same; and (b) there is presented to the Registrar of Titles with or in conjunction with the memorandumn of transfer a declaration made:'by the transferor under The'Oafhs Acts, 1867 to 1960, in which the transferor solemnly and sincerely declares that the transfer is not intended to operate as security for any obligation whether existing or to be created and that the consideration expressed in the memorandum is the true and sole consideration for the transfer.

Real Property Act Amendment Act 1980, No. 36 501 (2) Where the transferor is a corporation, the declaration referred to in subsection (1) (b) shall be made by the person or, if more than one, the persons executing the memorandum of transfer on behalf of the corporation. (3) In any case where the Registrar of Titles is satisfied that it is impracticable for the transferor to make the declaration referred to in subsection (1) (b), he may accept in lieu thereof such a declaration made by some other person who appears to him to have a full knowledge of the transaction. (4) A declaration referred. to in subsection (1) (b) shall not be required to be presented to the Registrar of Titles in the case of a transfer of a mortgage, encumbrance or lease.". 5. Amendment of Schedule . The Schedule to the Principal Act is amended by relettering form D as form W.