Real Property Acts Amendment Act 1979 (Qld)

250 ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 27 of 1979 An Act to amend the Real Property Act 1861- 1978 and the Real Property Act 1877-1974 each in certain particulars and for incidental purposes [ ASSENTED TO 8TH JUNE, 1979] 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. This Act may be cited as the Real Property Acts Amendment Act 1979. 2. Arrangement of Act. This Act is arranged in Parts as follows:- PART I-PRELIMINARY (SS. 1-2); PART 11-AMENDMENT OF REAL PROPERTY ACT 1861-1978 (ss. 3-6) ; PART Ill-AMENDMENT OF REAL PROPERTY ACT 1877-1974 (ss. 7-11).

Real Property Acts Amendment Act 1979, No. 27 251 PART II-AMENDMENT OF REAL PROPERTY ACT 1861-1978 3. Citation . (1) In this Part the Real Property Act 1861-1978 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Real Property Act 1861-1979. 4. Repeal of s. 87. The Principal Act is amended by repealing section 87. 5. Amendment of s. 101. Section 101 of the Principal Act is amended by- (a) in the first paragraph, adding after the words " lodged with the Registrar " the following words:- " • or (c) in the case of an instrument executed by a mortgagee or encumbrancee whose bill of mortgage or bill or encumbrance has been registered prior to the date of lodgement of that caveat, the caveat has been lodged by a person claiming an estate or interest in the land as security for the payment of a loan an annuity or sum of money "; (b) omitting the second paragraph and substituting the following paragraph:- " Notwithstanding subparagraphs (a), (b) and (c), the Registrar may in his discretion refuse to register any instrument referred to in any of those subparagraphs so long as that caveat remains in force.". 6. Effect of s. 5 on existing caveats. The provisions of the Principal Act as amended by this Part shall apply in relation to a caveat lodged with the Registrar of Titles before the date of commencement of this Act as if the caveat had been so lodged after the enactment of this Part. PART III-AMENDMENT OF REAL PROPERTY ACT 1877-1974 7. Citation. (1) In this Part the Real Property Act 1877-1974 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Real Property Act 1877-1979. 8. Amendment of s. 30 . Section 30 of the Principal Act is amended by omitting the second paragraph and the note appearing in and at the commencement of that paragraph. 9. New s. 30A. The Principal Act is amended by inserting after section 30 the following section:- " 30A. Caveat by certain equitable mortgagees . A mortgagee whose mortgage is an equitable mortgage created by deposit of a land grant or certificate of title may lodge with the Registrar of Titles a caveat against any dealing with the estate, interest, security or land upon which the mortgage has been created except subject to his equitable mortgage.

252 Real Property Acts Amendment Act 1979, No. 27 Every such caveat shall state the amount and nature of the charge, and the land grant or certificate of title deposited to create the equitable mortgage shall be produced with the caveat to the Registrar.". 10. Amendment of s. 39. Section 39 of the Principal Act is amended by omitting the words " an equitable mortgagee or ". 11. Effect of ss. 8 and 9 on existing caveats . A caveat lodged with the Registrar of Titles under section 30 of the Principal Act before the date of commencement of this Act 'shall continue to have the effect it would have had if this Part had not been enacted.