Real Property Acts Amendment Act 1974 (Qld)

682 QltceltshI1t1r ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 72 of 1974 An Act to amend the Real Property Act 1861-1973 and certain other Acts each in certain particulars [ASSENTED TO I ST NOVEMBER, 1974] 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 1974.

Real Propert y Acts Amendment Act 1974, No. 72 683 2. Commencement . (1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal assent. (2) Sections 7, 8, 9, 10 and 14 of this Act shall come into operation on 1 December 1975. 3. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART 11-AMENDMENT OF THE REAL PROPERTY ACT 1861-1973; PART III-AMENDMENT OF SCHEDULED ACTS. PART II-AMENDMENT OF THE REAL PROPERTY ACT 1861-1973 4. Citation . (1) The Real Property Act 1861-1973 is in this Part referred to as the Principal Act.. (2) The Principal Act as amended by this Part may be cited as the Real Property Act 1861-1974. 5. Repeal of and new s. 27. The Principal Act is amended by repealing section 27 and substituting the following section:- "27. Appeal against refusal of Registrar of Titles or decision of Master of Titles. (1) Upon the Registrar of Titles refusing an application to bring land under the provisions of this Act or upon the Master of Titles giving a decision on such application the Registrar of Titles shall forthwith serve on the applicant a notice in writing, addressed to the applicant at his address last known to the Registrar of Titles, of the grounds of his refusal or the grounds upon which such decision was given. (2) An applicant who is dissatisfied with such refusal or decision may, within six months after the notification of such refusal or decision is given to him and no later, apply to a Judge of the Supreme Court by motion for an order that the refusal of the Registrar of Titles or the decision of the Master of Titles be set aside and an order that the land be brought under the provisions of this Act. (3) The notice of motion shall be served upon the Registrar of Titles six clear days at least before the date named in the notice for making the motion. (4) Upon the hearing the Judge may, subject to the provisions of section 28, make such order as he thinks fit and any order so made shall be given effect to.

684 Real Property Acts Amendment Act 1974, No. 72 (5) A notice pursuant to subsection (1) shall be deemed to be sufficiently served if it is delivered or forwarded by post to the applicant's solicitor, conveyancer, attorney or other proper agent or to the person who lodged the application.". 6. Amendment of s. 46A . Section 46A of the Principal Act is amended by omitting all words from and including the words " that in any case " to the end of the section and substituting the following words:- that in his opinion- (a) does not evidence a subsisting interest; and (b) will not be required for the purpose of recording thereon the effect of any dealing. The determination by the Registrar that an instrument does not evidence a subsisting interest shall be final and shall not be questioned in any proceeding whatsoever.". 7. Repeal of and news. 57 . The Principal Act is amended by repealing section 57 and substituting the following section:- " 57. Remedy when mortgagor or encumbrancer is in default. Power to sell . The mortgagee or encumbrancee shall have and may exercise the power to sell conferred by the Property LawAct1974.". 8. Amendment of s. 59 . Section 59 of the Principal Act is amended by omitting the paragraph commencing with the words " Provided also " together with the note appearing in and at the beginning of that paragraph. 9. Amendment of s. 68. Section 68 of the Principal Act is amended by inserting after the words " or by this Act " where they occur in the second paragraph , the words " or by the Property Law Act1974". 10. Amendment of s. 72. Section 72 of the Principal Act is amended by omitting all words from and including the words " In any such case " to and including the words " proceeding in law " and substituting the words " Where a lessor re-enters and takes possession under a lease or under a power implied pursuant to the Property Law Act1974, the Registrar of Titles, upon proof to his satisfaction of the re-entry and taking of possession ". 11. Amendment of s. 88. Section 88 of the Principal Act is amended by, in subsection (2), omitting the words " five hundred pounds " and substituting the expression " $12 000.00 ".

Real Property Acts Amendment Act 1974, No. 72 685 12. Amendment of s. 98. Section 98 of the Principal Act is amended by omitting the words " either absolutely or until after notice of intention to register such instrument shall have been served as hereinafter described ". 13. Amendment of schedule . The schedule to the Principal Act is amended by, in form K, omitting the words " or until days shall have elapsed after notice of such intended registration shall have been delivered to me, or left at or forwarded through the post to my address in the Colony as under written ". 14. Application . Section 57 of the Principal Act as enacted by this Act and sections 68 and 72 of the Principal Act as amended by this Act shall apply according to the tenor of the material section whether the bill of mortgage , bill of encumbrance or lease, as the case may be, in respect of which the section is to apply was made before or after 1 December 1975. 15. Amendments relating to currency references . The Principal Act is amended as set forth in the schedule to this Part. SCHEDULE AMENDMENTS RELATING TO DECIMAL CURRENCY . 15] Provisions to be Amended Section 10 Section 11 (2) Section 108 Section 112 (3) Section 139 Schedule form E Schedule form F Schedule form G Schedule form H Schedule form L Omit Ten Pounds One Hundred Pounds One Hundred Pounds one hundred pounds Fifty Pounds (a) " £ " wherever it occurs (a) " £ " wherever it occurs (b) £100 Insert $20.00 $200.00 $200.00 $200.00 $100.00 (a) " $ " in each case (b) $100.00 $ (a) " $ " in each case (b) $100.00 PART III-AMENDMENT OF SCHEDULED ACTS 16. Amendment of scheduled Acts. (1) The Acts specified in the schedule to this Part are amended as therein specified. (2) The amendment made to section 32A of the Real Property Act 1877-1973 by the schedule to this Part shall be deemed to have been made upon the passing of the Real Property Acts Amendment Act1973 and shall have retrospective effect accordingly. 17. Title of amended Acts. An Act as amended by the schedule to this Part may be cited by the title specified in relation to that Act in the second column of that schedule.

686 Real Property Acts Amendment Act 1974, No. 72 SCHEDULE ( ss. 16, 17) Act and Amendment New Collective Title Real Property Act 1877-1973 (a) In section 32A omit the words " one thousand pounds" and substitute the expression "$12000.00"; (b) In the schedule-alternative form T omit " £ " and insert " $ ". Real Property Act 1877-1974 The Real Property (Commonwealth Defence Notification) Act of 1929 In section 3 (2) omit the words "twenty pounds" and sub- stitute the expression " $40.00 ". Real Property ( Commontivealth Defence Not?cation) Act 1929-1974 The Real Property Acts Amendment Act of 1956 In section 2 (9) omit the words "fifteen shillings " and sub- stitute the expression " $1.50 ". Real Property Acts Amendment Act 1956-1974