Registrar-General Legislation (Amendment and Repeal) Act 2010 (NSW)

An Act to amend the Real Property Act 1900 to provide for the delegation of the Registrar-General’s functions; to repeal the Registrar-General Act 1973 and transfer certain provisions to other Acts; and for other purposes.

1Name of Act

This Act is the Registrar-General Legislation (Amendment and Repeal) Act 2010.

2Commencement

This Act commences on the date of assent to this Act.

3Repeal of Registrar-General Act 1973 No 67

The Registrar-General Act 1973 is repealed.

Schedule 1Amendment of ActsInterpretation Act 1987 No 15

Insert in alphabetical order in section 21 (1):

Registrar-General means the Registrar-General holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.

Oaths Act 1900 No 20

Omit “Any” from section 21 (1).

Insert instead “The Registrar-General, a Deputy Registrar-General or any”.

Real Property Act 1900 No 25

Insert after section 4:

4ARegistrar-General—delegation and seal of office(1)

The Registrar-General may delegate any of the powers and functions of the Registrar-General under this or any other Act, other than this power of delegation, to a member of staff of the Land and Property Management Authority.

(2)

The Registrar-General is to have a seal of office that bears an impression of the Arms of the State of New South Wales and has inscribed in the margin the words “Registrar-General, New South Wales”.

(3)

An instrument or document issued by the Registrar-General or a Deputy Registrar-General, acting or purporting to act under the authority of any Act, is not invalid only because of:

• (a)

  any irregularity in the manner or time of affixing, impressing or printing the seal of the Registrar-General to or on the instrument or document, or

• (b)

  a failure to affix, impress or print the seal of the Registrar-General to or on the instrument or document.

(4)

All courts and persons acting judicially:

• (a)

  are required to take judicial notice of the seal of the Registrar-General, and

• (b)

  must, until the contrary is proved, presume that the seal was properly affixed.