Real Property (Electronic Conveyancing) Amendment Act 2016 (SA)

South Australia

Real Property (Electronic Conveyancing) Amendment Act 2016

An Act to amend the Real Property Act 1886; and to make related amendments to various Acts.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Real Property (Electronic Conveyancing) Amendment Act 2016.

This Act will come into operation on a day to be fixed by proclamation.

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

1. (1)

   Section 3(1)—delete "In the construction and for the purposes of this Act, and in all instruments made or purporting to be made thereunder, the following terms shall, so far as not inconsistent with the context or subject, and except when such context or subject or the other provisions hereof require a different construction, have the respective meanings hereinafter assigned to them, that is to say" and substitute:

   In this Act, unless the contrary intention appears

2. (2)

   Section 3(1)—delete "shall mean" wherever occurring and substitute in each case:

   means

3. (3)

   Section 3(1), definition of certificate—delete "shall extend to and include all plans and entries thereon" and substitute:

   includes all plans and entries on the certificate of title

4. (4)

   Section 3(1)—after the definition of certificate insert:

   client authorisation—see section 240A;

5. (5)

   Section 3(1), definitions of dealing and document of title—delete the definitions and substitute:

   document includes a document in electronic form;

   document of title means a document evidencing or relating to the title of land not under the provisions of any of the Real Property Acts;

6. (6)

   Section 3(1), definitions of instrument and instrument of title—delete the definitions and substitute:

   execution includes execution by a legal practitioner or registered conveyancer under a client authorisation;

   instrument means any document capable of registration in the Lands Titles Registration Office, or in respect of which a record is under an Act directed, required or permitted to be made in the Register Book, and includes a document that may be registered or recorded in the Register of Crown Leases under section 93;

   instrument of title means an instrument evidencing or relating to the title to land under the provisions of any of the Real Property Acts;

7. (7)

   Section 3(1), definition of land—delete "shall extend to and include" and substitute:

   includes

8. (8)

   Section 3(1)—after the definition of land insert:

   law practice has the same meaning as in the Legal Practitioners Act 1981;

9. (9)

   Section 3(1), definition of registered proprietor—delete the definition and substitute:

   registered proprietor means a person appearing by the Register Book to be the proprietor of an estate or interest in land registered under any of the Real Property Acts;

10. (10)

    Section 3(1)—after the definition of servient land insert:

    sign a document or instrument—see subsection (3);

11. (11)

    Section 3(1), definition of statutory assignment—delete "creditors, executed…