Real Property Act (No 2) 1927 (ACT)

[Extract from Commonwealth of Australia Gazette, No. 141, dated

24th December, 1927.]

THE TERRITORY EOR THE SEAT OF

GOVERNMENT.

No. 21 of 1927.

AN ORDINANCE

To amend the Real Property Ordinance 1925-1927.

BE it ordained by the Governor-General of the Commonwealth Council, in pursuance of the powers conferred by the Seat of of Australia, with the advice of the Federal Executive Government Acceptance Act 1909, and the Seat of Government

(Administration) Act 1910, as follows:—

1.—-(1.) This Ordinance may be cited as the Real Property short title

Ordinance (No. 2) 1927.	and citation.
(2.) The Real Property Ordinance 1925-1926, as amended by the Real Property Ordinance 1927, is in this Ordinance referred to as the Principal Ordinance.
(3.) Sub-section (3.) of section one of the Real Property Ordinance 1927 is repealed.
(4.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Real Property Ordinance 1925-1927.

2. Section six of the Principal Ordinance is amended— Definitions.

(a) by adding at the end of the definition of " Crown

Lease ' ' the words " or by the Commission ' ' ; and

1646.

(b) by inserting in the definition of " Grant ", after the word ' ' Commonwealth '', the words " or by the Com- mission ".

3.—(1.) Section seven of the Principal Ordinance is amended— Registrars, Deputy

(a) by omitting from sub-section (2.) the words " and shall Registrars, etc.

have the qualifications of a barrister or solicitor of the High Court of Australia, or of the Supreme Court of a State ' ' ; and

(b) by adding at the end thereof the following sub-

section :—

" (5.) The Commission may appoint any person

to be a Deputy Registrar.".

(2.) Where before the commencement of this section the Com- mission has purported to appoint a person to be a Deputy Registrar, that appointment shall be deemed to be, and to have been at all times, as good and valid as if this section had been in force at the time of the appointment and the appointment had been made in pursuance thereof, and anything done by any Deputy Registrar so appointed shall be of as full force and effect as if his appointment had been made in pursuance of law.

Crown grants

and certain	4. Section seventeen of the Principal Ordinance is amended by
Crown leases
to be subject	inserting in sub-section (1.), after the word " Commonwealth ",
to provisions of
Ordinance.	the words ' ' or by the Commission ''.
5. After section fifty of the Principal Ordinance the following section is inserted:—
Power to issne
duplicate lease,	" 50A.— (1.) When a duplicate memorandum of lease,, " (2.) A certificate of lease, mortgage or encumbrance shall be in accordance with the form in the Twentieth Schedule or a form to the like effect, and shall contain a memorial of every instrument xuirporting in any way to affect the lease, mortgage or encumbrance.
mortgage or	mortgage or encumbrance has been lost or destroyed, the
charge in lieu
of lost or	Registrar upon being satisfied as to the loss or destruction
destroyed
duplicate.	may issue a certificate of lease, mortgage or encumbrance, as
Tic. No. 2866,
I. 2.	the case may be, in place thereof.
" (3.) The issue of the certificate shall be subject to such conditions as to advertisement, notice and indemnity as the Registrar thinks fit.
" (4.) Upon the issue of a certificate in pursuance of this section, the Registrar shall endorse on the original memo- randum of lease, mortgage or encumbrance, as the case may be, a memorandum that the certificate has been issued, and thereafter the certificate shall be produced to the Registrar on every occasion upon which production of the duplicate lease, mortgage or encumbrance would be required if the certificate
had not been issued, and the Registrar shall record thereon every memorial which he would have been required to record
on the duplicate lease, mortgage or encumbrance upon such production.".
Provision in
case of lost	6. Section sixty-two of the Principal Ordinance is amended—
grant.	(a) by omitting from sub-section (1.) all words after the word " applicant ", and inserting in their stead the words " a certificate of title of the land, which certi- ficate of title shall contain a memorial of every instru- ment purporting in any way to affect the land, and shall enter on the folium of the Registrar Book constituted by the grant or certificate of title which has been lost, mislaid or destroyed, a memorandum recording the issue of the certificate of title.".

A

(b) by omitting from sub-section (2.) the word, " pro-

visional ' ' ; and

(c) by omitting from sub-section (3.) the word " pro-

visional ".

7. After section sixty-two of the Principal Ordinance the following section is inserted:—

" 62A.— (1.) Wherever the condition of a duplicate grant rower of

or certificate of title lodged with the Registrar for any purpose issue new

is such that the Registrar deems it inadvisable to re-issue it, ce

the Registrar may require a new certificate of title to be taken
out.

" (2.) The Registrar may, upon the delivery up to him of a duplicate grant or certificate of title, issue a new certificate of title in the place of the existing grant or certificate of title which shall thereupon be cancelled.".

8. Section seventy of the Principal Ordinance is amended by Registration of

inserting, after the word " Commonwealth ", the words " or by rown Tting, after

the Commission

9. Section"seventy-five of the Principal Ordinance is amended Procedure as

by omitting the proviso to sub-section (3.). wl̂ certiQcate of title in case
of transfer.

10.     Section eighty-four of the Principal Ordinance is amended Mortgagee, &c,

by omitting the words " executed after the registration of the lease'umess he

mortgage or encumbrance.". . consents.

1 1 .     Section eighty-six of the Principal Ordinance is amended LPase may be

by inserting in the proviso to sub-section (2.), after the word en<ior"em«ritb3r	" Commonwealth " (wherever occurring), the words " or the ^"eeeda^
Commission ". lessor.

12. Section one hundred and thirty -seven' of the Principal powers of

Ordinance is amended by omitting sub-section (5.).	deTim^Twith
applications of executors and administrators.

1 3 . — (1.) After section one hundred and forty-two of the Remission ol

Principal Ordinance the following section is inserted:—

" 142A. The Commission may remit the payment of any fee or portion of a fee under this Ordinance or the regulations thereunder, in any case where the Commission is satisfied that it would be inequitable to require that payment.''.

(2.) This section shall be deemed to have commenced on the

same date as the Real Property Ordinance 1925.

Twentieth	1 4 After the Nineteenth Schedule to the Pr incipal Ordinance
Schedule.

the following Schedule is added:—

" The Twentieth Schedule.

Section 50A. •

THE TERRITORY FOR THE SEAT OF GOVERNMENT.

FEDERAL CAPITAL COMMISSION.

Real Property Ordinance 1925.

CERTIFICATE OF LEASE (or MORTGAGE or E N C U M B R A N C E ) .

This is to certify that of is

registered as the proprietor of a registered

the day of 1 9 . . . . No •

made and given by one subject nevertheless to such encumbrances, liens and interests as are notified by memorial underwritten or endorsed hereon.

Encumbrances, liens and interests above referred to.

The Registrar of Titles, being satisfied that the duplicate of the said lease (or mortgage or encumbrance) has been lost (or destroyed), hereby issues this certificate in place of the said duplicate lease (or mortgage or encum- brance ).

Dated this	day of	192. . .
Registrar of Titles."

Dated this twenty-second day of December, One thousand nine hundred and twenty-seven.

STONEHAVEN

Governor-General.

By His Excellency's Command,

H. E. PRATTEN

for Minister of State for Home and Territories.

I

By Authori ty: H. J. GREEN, Government Printer, Canberra inter, Canberra. H ,