Real Property Acts Amendment Act 1973 (Qld)

809 jR DR01-T , ANNO VICESIMO SECUNDO ELIZABETHAE SEC UN AE R EGINAE No. 89 of 19 7 3 real Property Act of 1861, as subse- :d and The Real Property Act of 1877, a m ended, each in certain particulars [ASSENTED To 20TH DECEMBER, 1973] 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:-- PART I-PRELIMINARY 1. Short title and citation . This Act may be cited as the Real Property Acts Amendment Act 1973. 2. Arrangement. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF THE REAL PROPERTY ACT OF 1861 AS SUBSEQUENTLY AMENDED; PART Ill-AMENDMENTS OF THE REAL PROPERTY ACT OF 1877 AS SUBSEQUENTLY AMENDED.

810 Real Property Acts Amendment Act 1973. No. 89 PART 11-AMENDMENTS OF THE REAL PROPERTY ACT OF 1861 AS SUBSEQUENTLY AMENDED 3. Citation . (1) In this Part, the Real Property Act of 1861 as subsequently amended is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Real Property Act 1861-1973. 4. Amendment of s. 19 . Section 19 of the Principal Act is amended by omitting all words after the words " then and in any such case and substituting the following words:- the Registrar of Titles shall cause notice of that application to be advertised once in the Gazette and at least once in a newspaper published in Brisbane. and in addition where, in the opinion of the Registrar, the land is situated at a distance more than thirty-two kilometres from Brisbane, at least once in a newspaper published in the neighbourhood of the land, and shall further limit and appoint a time not less than two weeks nor more than twelve months from the date of that advertisement in the Gazette upon or after the expiration of which the Registrar shall unless he shall in the interval have received a caveat forbidding him so to do proceed to •bring that land under the provisions of this Act.". 5. Repeal of and new s. 40. The Principal Act is amended by repealing section 40 and substituting the following section:- " 40. Persons registered as joint proprietors to be joint tenants. Tenants in common may request issue of separate certificates of title . Two or more persons who may be registered as joint proprietors of an estate or interest in land under the provisions of this Act, shall be deemed to be entitled to the same as joint tenants. In all cases where two or more persons are entitled as tenants in common to undivided shares of or in any land, those tenants in common shall not receive separate and distinct certificates of title or other instruments evidencing title to such undivided shares. unless all those tenants in common request the Registrar of Titles to issue those separate and distinct certificates of title or other instruments evidencing title, and pay to the Registrar when making that request, the prescribed fee for the issue thereof.". 6. New s. 46A. The Principal Act is amended by inserting after section 46, the following section:-- " 46A. Destruction of instruments , etc., in certain circumstances. Notwithstanding any provision of this Act or of The Real Property Act of. 1877 as subsegc;ntly amended, and subject to The Libraries Acts 1943 to 1949, the Registrar of Titles may destroy any part of the register book comprising a folio or folios, or any instrument that is held in the office of the Registrar, that in any case does not evidence a subsisting interest and will not, in the opinion of the Registrar, be required for the purpose of recording thereon the effect of any dealing.".

Real Property Aces Alncndineni Act 1973. No. 89 811 7. Amendment of s. 51 . Section 51 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:-- " (2) Whenever any easement affecting land under this Act is created for the purpose of being used and enjoyed by the Crown in right of this State or of the Commonwealth. or any Crown corporation or instrumentality of this State or of the Common- wealth. or corporation or instrumentality representing the Crown in right of this State or of the Commonwealth, or any Local Authority, or any person or authority authorised by or pursuant to any Act to supply electricity, the Registrar of Titles shall enter a memorial of the instrument creating that easement on the folio ofthe register book constituted by the existing grant or certificate of title of that land, when that instrument is produced to him for registration, notwithstanding that that easement is not being annexed to or used and enjoyed together with any other land, whether under this Act or not.". 8. Amendment of s. 95. Section 95 of the Principal Act is amended by omitting the last paragraph and substituting the following paragraph:-- The Registrar of Titles shall before registering that transfer or other dealing to which this section relates give at least fourteen days' notice of his intention so to do, by notice advertised once in the Gazette and at least once in a newspaper published in Brisbane. and in addition where. in the opinion of the Registrar. the land is situated at a distance more than thirty-two kilometres from Brisbane. at least once in a newspaper published in the neighbourhood of the land to which the transfer or other dealing relates.". 9. Amendment of s. 98. Section 98 of the Principal Act is amended by omitting the words " (save and except such an instrument the registration of which is stated in the caveat to be thereby not forbidden) " and substituting the words " (save and except such an instrument, lodged in the office of the Registrar of Titles prior to that caveat, the registration of which is stated in the caveat to be thereby not forbidden) ". 10. Repeal of and new s. 101. The Principal Act is amended by repealing s. 101 and substituting the following section:- " 101. Registration of instrument while caveat in force. So long as any caveat shall remain in force forbidding the transfer of or other dealing with land. the Registrar of Titles shall not register any instrument purporting to transfer or otherwise deal with or affect any land. estate or interest to which that caveat relates, unless-- (a) in the case of an instrument lodged in the office of the Registrar prior to the date of lodgment of that caveat. that caveat expressly states that registration of that instrument is not forbidden; or (b) in the case of an instrument lodged in the office of the Registrar either prior or subsequent to the date of lodgment of that caveat, the caveator's consent in writing, duly attested, consenting to the registration of that instrument is lodged with the Registrar. Notwithstanding subparagraph,, (a) and (b), the Registrar may in his discretion refuse to register any instrument referred to in subparagraph (a) or (b) so long as that caveat remains in force.''.

812 Real Property Acts Amendment Act 1973, No. 89 11. Am endment of s. 112. Section 112 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection:- " (IA) Notwithstanding subsection (1), the Registrar may, in his discretion, correct a patent error in any instrument or document lodged in his office for registration, by notation in the margin of that instrument or document, and thereupon that instrument or document as corrected by the Registrar, shall have the same validity and effect as if the error so corrected had not been made."; (b) inserting after subsection (4) the following subsections:- " (5) The Registrar may specify a time within which a requisition under this section shall be complied with by the person to whom it is directed, and any time so specified by the Registrar shall be endorsed upon that requisition by the Registrar or by any officer for the time being employed in his office, thereunto authorised Oy him pursuant to the Registrar's power of delegation under this Act. (6) Where any requisition issued by the Registrar under this section and duly served pursuant to subsection (2) is not complied with within the time specified by the Registrar, the Registrar may reject the instrument or document that has been so ,requisitioned, or any instrument or document consequent or dependent thereon for the purpose of registration, and notwithstanding any provision of this Act or The Real Property Act of 1877 as subsequently amended, that instrument or document that has been so rejected shall lose its priority or entitlement to priority under this Act, or The Real Property Act of 1877 as subsequently amended. Where an instrument or document is rejected under this subsection, a memorandum of that rejection may be endorsed upon that instrument or document, or if that instrument or document has been borrowed out under subsection (3), a record of that rejection may be made and kept in the office of the Registrar. Notwithstanding subsection (5) the Registrar may, in his discretion, extend any time specified pursuant thereto. (7) Where an instrument or document has been rejected under subsection (6), the Registrar may return that instrument or document to the person on whose behalf it was lodged, or to that person's solicitor, conveyancer, attorney or other proper agent, or to any other person as may, in the opinion of the Registrar, be entitled to receive that instrument or document. Nothing in this section shall prohibit a subsequent lodgment of that instrument or document where the requisition previously issued that relates to that instrument or document has been complied with. Where any instrument, or document is so rejected it shall be deemed not to have been presented to the Registrar for registration. (8) Any fee paid to the Registrar for the purposes of this Act in respect of an instrument or document rejected pursuant to subsection (6), shall be forfeited and shall be dealt with by the Registrar in accordance with section 141.

Real Property Acts Amendment Act 1973, No. 89 813 Where any fee paid in respect of an instrument or document is forfeited under this subsection, one half only of the fee prescribed for the time being shall be charged by the Registrar in respect of any subsequent lodgment of that instrument or document, if the requisition previously issued that relates to that instrument or document has been complied with and the prescribed fee chargeable on the original lodgment of that instrument or document has been paid to the Registrar. (9) Where an instrument or document that is rejected under subsection (6), and in respect of which the fee paid thereon is forfeited under subsection (8)- (a) is not subsequently lodged for registration; or (b) is subsequently lodged for registration, a solicitor or conveyancer or any other person whatever (including a body corporate) who prepared or lodged that instrument or document on behalf of a person shall not- (c) in a case to which subparagraph (a) applies, be entitled to charge or receive from that person, any fee so forfeited; and (d) in a case to which subparagraph (b) applies, be entitled to charge or receive from that person, any fee paid pursuant to that subsequent lodgment. (10) Notwithstanding any provision of this Act, the Registrar may refuse to receive and shall not register any instrument or document that on the face of it is not capable of registration.". 12. Repeal of and new s. 113. The Principal Act is amended by repealing section 113 and substituting the following section:- " 113. Withdrawal of instrument or document from registration. (1) Where an instrument or document is lodged for registration in the office of the Registrar of Titles, the Registrar in his discretion may- (a) withdraw that instrument or document from registration to enable it to be produced by him for registration in an order that in his opinion gives effect to the intention of the parties thereto, as expressed in that instrument or document or in any other instrument or document that relates thereto; or (b) permit that instrument or document to be withdrawn from registration. An instrument or document withdrawn from registration under this subsection shall remain in the office of the Registrar but shall, by virtue of that withdrawal, lose priority of registration unless and until again produced for registration as provided by subsection (2). (2) Where an instrument or document is withdrawn from registration pursuant to subsection (1), the Registrar of Titles, on a day and at a time fixed by him, may- (a) where subparagraph (a) of subsection (1) applies, produce that instrument or document for registration, without an application made in that behalf; or

814 Real Properl t' Acts Amclubie t Act 1973. No. 89 (b) where subparagraph (b) of subsection (I) applies, upon application made in writing in that behalf, permit that instrument or document to be again produced for registration. A memorandum of' a production under subparagraph (a) or a permission under subparagraph (b) and of the day and time fixed by the Registrar in relation to that production or permission shall be endorsed upon that instrument or document which shall be deemed to have been first produced for registration on the day and at the time stated in that endorsement.". 13. Amendment of s. 115. Section 115 of the Principal Act is amended by, in subparagraph (a), omitting the words " In this State " and substituting the following words " In any State of the Commonwealth or any Commonwealth Territory 14. Amendment of s. 117. Section 117 of the Principal Act is amended by omitting the last paragraph and substituting the following paragraph:- - The Registrar of Titles shall. before issuing that provisional certificate, give at least fourteen days' notice of his intention so to do, by notice advertised once in the Gazette and at least once in a newspaper published in Brisbane, and in addition where, in the opinion of the Registrar, the land is situated at a distance more than thirty-two kilometres from Brisbane, at least once in a newspaper published in the neighbourhood of the -land to which the grant or certificate of title relates.". 15. Repeal of and ne w s. 121 . The Principal Act is amended by repealing section 121 and substituting the following section:- " 121. Search and copy allowed . At the discretion of the Registrar of Titles and at a reasonable time during the hours and upon the days appointed for search, a person, upon payment of the fee prescribed in the Schedule hereto, may- (a) have access to the register book for the purpose of inspection: or (b) be provided with a copy of any folio of the register book.". PART Ill-AMENDMENTS OF THE REAL PROPERTY ACT OF 1877 AS SUBSEQUENTLY AMENDED 16. Citation . (I) In this Part, The Real Properly Act of 1877 as subsequently amended is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Real Properly Act 1877-1973. 17. Amendment of s. 17. Section 17 of the Principal Act is amended by, in subsection (1). omitting the words " (except where a tenancy in common is thereby created or cancelled) " and substituting the words " (except where a tenancy in common for which separate titles for the undivided shares therein have issued is thereby cancelled) ". 18. Amendment of s. 32A. Section 32A of the Principal Act is amended by, in subsection (I) (b). omitting the words " two thousand dollars and substituting the words " twelve thousand dollars ".

Real Propert r Acts Amendment Act 1973.. No. 89 815 19. Repeal of and new s. 50. The Principal Act is amended by repealing section 50 and substituting the following section:--- -50. Search and copy of instrument . At a reasonable time during the hours and upon the days appointed for search, a person, upon payment of the fee prescribed in the Schedule to the Real Property Act of 1861 as subsequently amended, may, subject to section 112 (3) of that Act, search for and obtain a copy of an instrument registered, lodged or deposited in the office of the Registrar of Titles under that Act or The Real Property Act of 1877 as subsequently amended, except an instrument destroyed by the Registrar pursuant to section 46A of the Real Property Act of 1861 as subsequently amended, whether or not that instrument has been cancelled.".