Real Property (Amendment) Act (No 2) 1983 (ACT)

AUSTRALIAN CAPITAL TERRITORY 371

Real Property (Amendment) Ordinance

(No. 2) 1983

No. 68 of 1983

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 21 December 1983.

N. M. STEPHEN Governor-General

By His Excellency's Command,

TOM UREN
Minister of State for Territories and

Local Government

An Ordinance to amend the Real Property Ordinance 1925

Short title

Ordinance (No. 2) 1983.l 1. This Ordinance may be cited as the Real Property (Amendment)

Principal Ordinance

Ordinance 1925.2 2. In this Ordinance, "Principal Ordinance" means the Real Property

pursuance of section 103 A;".

Interpretation

3. Section 6 of the Principal Ordinance is amended—

(a) by omitting from sub-section (1) the definition of "Instrument" and substituting the following definition:

" 'instrument' includes a transfer, a lease, a sub-lease, an endorsement on a lease under section 86, a memorandum of surrender of a lease, a memorandum of mortgage, a memorandum of encumbrance, a memorandum of provisions and a memorandum of creation of an easement but does not include a Crown Lease;"; and

(b) by inserting after the definition of "Land" in sub-section (1) the following definition:

" 'memorandum of provisions' means a memorandum registered in

372 Real Property (Amendment) (No. 2) No. 68, 1983

4. After section 47A of the Principal Ordinance the following section is

inserted:

Registration of memoranda of provisions

"47B. A memorandum of provisions shall be deemed to be registered when

a memorial of registration is endorsed upon it and signed by the Registrar.".

Instrument entitled to priority according to date of registration

5. Section 48 of the Principal Ordinance is amended—

(a)	by inserting in sub-section (1) "and memoranda of provisions" after "grants";
(b)	by inserting in sub-section (1 A) "and memoranda of provisions" after "grants";
(c)	by inserting in sub-section (IB) "a memorandum of provisions," after "a grant,"; and
(d)	by inserting in sub-section (4) "(other than a memorandum of provisions) that is" after "instrument" (first occurring).

Certified copies to be furnished by Registrar and to be evidence

6. Section 65 of the Principal Ordinance is amended—

(a)	by inserting in sub-section (1) ", memorandum of provisions" after "certificate of title"; and
(b)	by inserting in sub-section (2) ", memorandum" after "certificate of title".

Land, how leased

7. Section 82 of the Principal Ordinance is amended by adding at the end

thereof the following sub-sections:

"(3) A lease in the form in the Eighth Schedule may incorporate by

reference any or all of the provisions contained in a memorandum of provisions.
"(4) Where a lease in the form in the Eighth Schedule incorporates by

reference provisions contained in a memorandum of provisions, the provisions

so incorporated shall be deemed to be set out at length in the lease.".

Lessee may sub-let

8. Section 88 of the Principal Ordinance is amended by inserting after

sub-section (1) the following sub-sections:
"(1A) A sub-lease in the form in the Eighth Schedule may incorporate by
reference any or all of the provisions contained in a memorandum of provisions.
"(IB) Where a sub-lease in the form in the Eighth Schedule incorporates
by reference provisions contained in a memorandum of provisions, the

provisions so incorporated shall be deemed to be set out at length in the

sub-lease.".

Real Property (Amendment) (No. 2) No. 68, 1983 373

Lands under this Ordinance, how mortgaged or encumbered

9. Section 92 of the Principal Ordinance is amended by inserting after

sub-section (3) the following sub-sections:

" ( 3 A ) A memorandum of mortgage in the form in the Ninth Schedule or a

memorandum of encumbrance in the form in the Tenth Schedule may incorporate by reference any or all of the provisions contained in a memorandum of provisions.

"(3B) Where a memorandum of mortgage in the form in the Ninth Schedule or a memorandum of encumbrance in the form in the Tenth Schedule incorporates by reference provisions contained in a memorandum of provisions, the provisions so incorporated shall be deemed to be set out at length in the memorandum of mortgage or encumbrance.".

10. After Division 3 of Part X of the Principal Ordinance the following

Division is inserted:

"Division 3A—Memoranda of provisions

Registration of memoranda of provisions

"103A. (1) A person may present for registration a memorandum

containing provisions that are to be incorporated by reference in—

(a)	leases or sub-leases in the form in the Eighth Schedule that are to be prepared or executed by him;
(b)	memoranda of mortgage in the form in the Ninth Schedule that are to be prepared or executed by him; or
(c)	memoranda of encumbrance in the form in the Tenth Schedule that are to be prepared or executed by him.

"(2) A memorandum referred to in sub-section (1) shall be in accordance

with the form in the Twenty-fifth Schedule and shall be signed by the person for

whom it is lodged or by his solicitor.

"(3) The Registrar shall, upon presentation to him of a memorandum that

complies with the requirements of this section, register the memorandum.".

Power of Minister to determine fees

11. Section 139 of the Principal Ordinance is amended by inserting in

sub-section (2) "9A," after "9,".

Eighteenth Schedule

12. The Eighteenth Schedule to the Principal Ordinance is amended by

inserting after item 9 the following item:

"9A Lodging for registration a memorandum of provisions.".

374 Real Property (Amendment) (No. 2) No. 68,1983

Twenty-fifth Schedule

13. The Principal Ordinance is amended by adding at the end thereof the

following Schedule:

"TWENTY-FIFTH SCHEDULE Section 103A

AUSTRALIAN CAPITAL TERRITORY

Real Property Ordinance 1925

Memorandum of Provisions

I, (Christian name and surname in full with residence and occupation), certify that this memorandum

comprising page(s) is lodged on behalf of

and contains provisions that are to be incorporated by reference in such*

"insert	as refer to this memorandum.
"leases", "sub-leases", "mortgages" or "encumbrances"

Dated

(Signature of person on behalf of whom the memorandum is lodged or his solicitor.)

[Here insert the provisions that are to be incorporated by reference in other instruments]".

NOTES

1.    Notified in the Com monwealth of Australia Gazette on 30 December 1983.

2.    No. 1, 1925 as amended to date. For previous amendments see Note 2 to No. 39, 1983 and see a/so No. 39,1983.