Real Property (Amendment) Act 1985 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Real Property (Amendment) Ordinance 1985

No. 71 of 1985

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 12 December 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

G. SCHOLES

Minister of State for Territories

An Ordinance to amend the Real Property Ordinance 1925

Short title

1.  This Ordinance may be cited as the Real Property (Amendment) Ordinance 1985.¹

Commencement

2.  This Ordinance shall come into operation on such date as is fixed by the Minister of State for Territories by notice in the Gazette.

Instruments not to be registered

3.  Section 51 of the Real Property Ordinance 1952² is amended by omitting sub-section (2) and substituting the following sub-section:

“(2)     The Registrar shall not register—

(a)an instrument executed on or after 1 July 1969, being an instrument included in a class of instruments specified in item 4, 5, 6 or 7 of Schedule 1 to the Australian Capital Territory Stamp Duty Act 1969; or

(b)an instrument executed on or after the date of commencement of the Real Property (Amendment) Ordinance 1985, being an instrument included in a class of instruments specified in item 9 of Schedule 1 to the Australian Capital Territory Stamp Duty Act 1969,

unless—

(c)the instrument is duly stamped within the meaning of the Australian Capital Territory Taxation (Administration) Act 1969;

(d)the instrument bears a stamp impressed on it under the latter Act to the effect that no stamp duty is payable;

(e)the instrument, being a counterpart of another instrument that has been so duly stamped, bears a stamp impressed on it under the latter Act to that effect; or

(f)the instrument purports to be a grant or transfer of an estate or interest in land by or in the name of the Commonwealth or to the Commonwealth.”.

Surrender of a lease without prejudice to sub-lease or mortgage

4.  Section 90A of the Real Property Ordinance 1925 is amended—

(a)by inserting in sub-section (1) “or mortgage” after “sub-lease” (wherever occurring);

(b)by inserting in sub-section (2) “or mortgage” after “sub-lease”;

(c)by inserting in sub-section (2) “or mortgages” after “sub-leases”;

(d)by omitting from sub-section (3) “, and the covenants, agreements and conditions contained in, any sub-lease” and substituting “any sub-lease, and the covenants, agreements and conditions of any sub-lease or mortgage,”;

(e)by omitting sub-section (4) and substituting the following sub-section:

“(4)     Subject to the payment of any rent reserved by the sub-lease and to the observance of the covenants, agreements and conditions of the sub-lease or mortgage, a sub-lessee or mortgagee and any person deriving title under the sub-lessee or mortgagee shall be entitled to hold and enjoy the land comprised in his or her sub-lease or mortgage as if the lease out of which the sub-lease or mortgage was derived had not been surrendered.”;

(f)by omitting from sub-section (5) “distress or”;

(g)by inserting in sub-section (5) “or mortgage” after “such sub-lease”;

(h)by inserting in sub-section (5) “or mortgage” after “the sub-lease”;

(i)by omitting paragraph (5) (b) and substituting the following paragraph:

“(b)if a new sub-lease or mortgage derived out of the new lease had been granted to the sub-lessee or mortgagee or a person deriving title under the sub-lessee or mortgagee,”;

(j)by inserting in paragraph (6) (a) “or mortgages” after “sub-leases”;

(k)by inserting in paragraph (6) (b) “or mortgage” after “sub-lease”; and

(l)by omitting from sub-section (7) “and sub-leases” and substituting “, sub-leases and mortgages”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1985.

2. No. 1, 1925 as amended to date.  For previous amendments see Note 2 to No. 9, 1985 and see also No. 9, 1985.