Real Property (Commonwealth Titles) Act of 1924 (15 Geo v No. 28) (Qld)

11096 REAlj PROPERTY. Real Property (Commonwealth Titles) Act. 15 GEO. V. No. 28, REAL PROPERTY. 15NGo.eo2. 8. V. An Act to Provide for the Registration of Titles to THE REAL Land acquired by the Commonwealth of PROPERTY (COMMON- Australia. WEALTH TITLES) ACT OF 1924. [ASSENTED TO 30TH OCTOBER, 1924.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Real Property aconnds t ruc t' Ion (Commonw . ealth Titles) Act ot 1924," and shall be read of Act. as one wIth *" The Real Property Acts, 1861 to 1887," herein collectively referred to as the Principal Act. Interpre- tation. 2. In this Act, unless the context otherwise requires- "Acquired land" means any land which, having become vested, whether before or after the passing of this Act-- (a) In the Commonwealth, pursuant to the Constitution; or (b) In the Commonwealth or in any Common- wealth authority by any law of the Com- monwealth, or any notice, notification of acquisition, proclamation, or order made under any such law; is for the time being vested either in the Commonwealth or a Commonwealth authority; " Attorney-General" means the Attorney-General for the time being, of the Commonwealth, or any person to whom the powers and functions of the Attorney-General under any law of the Commonwealth have been duly delegated pursuant to any law of the Commonwealth; "Commonwealth authority" means any authority incorporated by any law of the Common- wealth; "The Constitution" means the Commonwealth of Australia Constitution Act. >I< 26 Vie. No. 14 and amending Acts, supra, pages 2984 et seq.

REAL PROPERTY. 11097 1924. Real Property (Commonwealth Titles) Act. 3. With respect to any acquired land which at the Pr.ovi.sion for time of acquisition thereof was not or is not subject ~rl~gmg to the provisions' of the Principal Act, the following a: ~ uired by P rovisions shall apply:-- Cwoema lmt hounn- d e r (1) If the land is vested in fee simple in the ~~ ~ :e~ :~ Commonwealth, the Attorney-General, or if Acts. the land is vested in fee simple in a Common- wealth authority, then such Commonwealth authority, may apply to the Registrar of Titles to bring the land under the provisions of the Principal Act; (2) If the land is land which became vested in the Commonwealth pursuant to the Constitu- tion, the Attorney-General or the Common- wealth authority making the application, as the case may be, shall furnish the Registrar of Titles with a certificate under the hand of the Attorney-General, or the seal of such Commonwealth authority, certifying that the land became so vested in the Commonwealth, and setting out any other facts relevant to the title of the Commonwealth or Common- wealth authority as the Registrar of Titles may require; (3) In all cases other than those mentioned in the last preceding paragraph hereof there shall be furnished to the Registrar of Titles a copy, certified under the hand of the Attorney-General or the seal of the Common- wealth authority making the application, as the case may be, of the notification of acquisition, vesting order, or other instru- ment or notice (if any) whereby or in pursuance of which the land is vested in the Commonwealth or such Commonwealth autho- rity, and such other evidence of title as the Registrar of Titles may require; (4) Upon the Master of Titles being satisfied as to the title of - the Commonwealth or Commonwealth authority, as the case may be, to the land in respect of which the appli- cation is made, the Registrar of Titles may bring the land under the provisions of the Principal Act by issuing a certificate of title

11098 REAL PROPERTY. Real Property (Commonwealth Titles) Act. 15 GEO. V. No. 28, for the land to the Commonwealth or Com- monwealth authority in whom the land is vested; (5) No contribution to the assurance fund shall be payable in respect of the bringing under the Principal Act of any acquired land. Registration 4. With respect to any acquired land which at the ?f land which date of the acquisition thereof was or is subject to the ~~ ~ der provisions of the Principal Act, the following provisions Property Aet shall apply ;_ when acquired by the Common- wealth. (1) If the land is vested in the Commonwealth, the Attorney-General, or, if the land is vested in a Commonwealth authority, then such Commonwealth authority, may apply to the Registrar of Titles to register the Common- wealth or the Commonwealth authority, as the case may be, as the proprietor of the land; (2) If the land is the land which became vested in the Commonwealth pursuant to the Constitution, the Attorney-General or the Commonwealth authority making the appli- cation, as the case may be, shall furnish the Registrar of Titles with a certificate under the hand of the Attorney-General or seal of such Commonwealth authority, certifying that the land became so vested in the Com- monwealth, and setting out any other facts relevant to the title of the Commonwealth or Commonwealth authority as the Registrar of Titles may require; (3) In all cases other than those mentioned in the last preceding paragraph hereof there shall be furnished to the Registrar of Titles a copy, certified under the hand of the Attorney- General or the seal of the Commonwealth authority, making the application, as the case may be, of the notification of acquisition, vesting order, or other instrument or notice (if any) whereby or in pursuance of which the land is vested in the Commonwealth or such Commonwealth authority, and such other evidence of title as the Registrar of Titles may require;

REAL PROPERTY. 11099 1924. Real Property (Commonwealth Titles) Act. (4) The Registrar of Titles, if he is satisfied as to the title to the land of the Commonwealth or the Commonwealth authority, as the case may be, may deal with and give effect to the application as if it were a duly executed and stamped memorandum of transfer of the land to the Commonwealth or Commonwealth authority, as the case may be, lodged for registration on the day on which the applica- tion was received by the Registrar of Titles. 5. Any entry made in the register book or on any Validation certificate or instrument before the passing of this Act, or ~ ansf~ rs for the purpose of registering under the provisions of :~ i~: :tes the Principal Act the Commonwealth or any Common- issued b~ fole wealth authority as the proprietor of any acquired land, ~~ etl~~s~~. shall be deemed to have been and to be lawfully and validly made; and any certificate or instrument issued before the passing of this Act by the Registrar of Titles to the Commonwealth or any Commonwealth authority relating to any acquired land shall be deemed to have been and to be at all times valid and effectual in all respects. 6. If the Registrar of Titles is satisfied on informa- Authority of tion received by him from any source that the whole or Registrar of any part 0 f any Iand m· cIuded m. a deed of grant or eTnittleers to certificate of title is acquired land, he may, notwith- ~cqui~ ition standing that no application pursuant to this Act has:~ ~ : ~ ! ~ : ­ been made, make an entry in the proper register, circum- specifying that the land in question has been acquired sta.nces. by the Commonwealth or Commonwealth authority, as the case may be. o