842 ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 52 of 1985 An Act to amend the Real Property Act 1861-1981 in certain particulars [ASSENTED TO 19TH SEPTEMBER, 1985]
Real Property Act Amendment Act 1985, No. 52 843 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 1985. (2) In this Act the Real Property Act 1861-1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Real Property Act 1861-1985. 2. Amendment of s. 3. Interpretation of certain terms. Section 3 of the Principal Act is amended by omitting the definitions "Mortgage", "Mortgagor" and "Mortgagee" and substituting- (a) for the definition "Mortgage", the following definition:- "Mortgage" shall mean any charge on land created under or in accordance with the provisions of this Act for securing- (a) the repayment of a loan or the satisfaction of an existing debt; (b) the repayment of future advances or the payment or satisfaction of any future or unascertained debt or liability, contingent or otherwise; (c) the payment to the holders for the time being of any bonds, debentures, bills of exchange, promissory notes or other securities, negotiable or otherwise, made or issued before or after the creation of that charge; (d) the payment to any person or persons by yearly or periodical payments or otherwise of any annuity, rent- charge or sum of money other than a debt"; (b) for the definition "Mortgagor" the following definition:- "Mortgagor" shall mean- (a) the proprietor (other than a mortgagee) of land charged with a mortgage; or (b) the proprietor (other than a mortgagee) of land who intends to create a charge on the land such as is referred to in the definition "mortgage" "; and (c) for the definition "Mortgagee" the following definition:- "Mortgagee" shall mean the person in whose favour a charge on land such as is referred to in the definition "mortgage" is or is intended to be created". 3. New s. 9A. The Principal Act is amended by inserting after section 9 the following section:- "9A. Prescribed forms of instruments , etc. (1) The Governor in Council may from time to time make regulations prescribing
8 44 Real Property Act Amendment Act 1985, No. 52 the forms of instruments that may be lodged in the office of or issued by the Registrar of Titles. (2) Notwithstanding any other provision of this Act, an instrument lodged in the office of or issued by the Registrar of Titles shall be in a form prescribed by regulation: Provided that, if a form of an instrument is prescribed in a form of the Schedule to this Act and a form of that instrument is also prescribed by…