Registration of Deeds Act 1957 (ACT)

Registration of Deeds Act 1957   

A1957-13

Republication No 9

Effective:  27 April 2016

Republication date: 27 April 2016

Last amendment made by A2016‑18

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Registration of Deeds Act 1957 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 April 2016.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 April 2016. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Registration of Deeds Act 1957

Contents

Page

1            Name of Act  2

2            Dictionary  2

2A          Notes  2

3            General register of deeds  2

4            Registration of deeds  2

4A          Priority according to registration  5

4B          Mistakes in registration  5

5            Index  5

6            Searches  5

7           Certified copies  6

8            Determination of fees  6

9            Approved forms  6

Dictionary7

Endnotes

1            About the endnotes  8

2            Abbreviation key  8

3            Legislation history  9

4            Amendment history  12

5            Earlier republications  14

Registration of Deeds Act 1957

An Act providing for the registration of deeds and other documents

1. Name of Act

   This Act is the Registration of Deeds Act 1957.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

1. General register of deeds

   The registrar-general must keep a register (the general register of deeds) in the form the Minister directs.

2. Registration of deeds

   (1)Subject to this section, a person may register a deed in the register—

   (a)by depositing the deed with the registrar-general; or

   (b)by producing the deed to the registrar-general and depositing with the registrar-general a copy of the deed verified as a true copy by the statement of a person who has compared the copy with the original deed of which it purports to be a true copy; or

   (c)if the person is unable to produce the deed to the registrar-general by reason of the fact that the deed has been registered by, or filed or deposited with, an officer of a State or Territory under a law of that State or Territory—by depositing with the registrar-general a copy of the deed, being a copy of the deed certified as a true copy by the officer having the custody of the deed, or being a copy of the deed that is, by virtue of the law of the State or Territory under which the deed was so registered, filed or deposited, evidence of the contents of the deed in the State or Territory.

   Note 1A fee may be determined under s 8 (Determination of fees) for this section.

   Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

   (2)A deed must not be registered under this Act by being deposited with the registrar-general unless the deed, in the opinion of the registrar-general—

   (a)is legibly written; and

   (b)is on paper of a size and standard approved by the registrar‑general; and

   (c)will, if entered on the register, be, and continue to be, easily readable.

   (3)The registrar-general may refuse to accept the deposit, under subsection (1) (b) or (c), of a copy of a deed if, in his or her opinion, the copy—

   (a)is not legibly written; or

   (b)is not on paper of a size and standard approved by him or her; or

   (c)will not, if bound in the register, be, and continue to be, easily readable.

   (4)Where, in the copy of a deed, not being a copy which is, by virtue of the law of the State or Territory under which the deed was registered, filed or deposited, evidence of the contents of the deed in the State or Territory, there is an interlineation, alteration or erasure, the copy shall not be deposited with the registrar-general under subsection (1) (b) or (c) unless—

   (a)the interlineation or alteration, not being an alteration by erasure, is authenticated by the initials of the person verifying or certifying the copy as a true copy; and

   (b)in the case of an erasure—the words or figures appearing, at the time the copy was verified or certified to be a true copy, to be written on the erasure are rewritten and signed or initialled in the margin of the copy by the person verifying or certifying it to be a true copy.

   (5)Upon registering a deed in the register, the registrar-general shall endorse on the registration copy of the deed a memorandum of the registration of the deed and of the date and time of registration and—

   (a)shall, if the original deed has been produced to him or her but has not been deposited with him or her, endorse such a memorandum on the deed; or

   (b)shall, if a copy of the deed has been deposited with him or her under subsection (1) (c) and the person depositing the copy so requests and produces to the registrar-general a further copy of the deed duly verified to be a copy, endorse such a memorandum on the further copy.

4APriority according to registration

(1)All deeds affecting any land, estate or interest in land, or other property, in the Territory which are executed or made in good faith and for valuable consideration and are registered under this Act, shall have priority according to the sequence of their registration only.

NoteThe Personal Property Securities Act 2009 (Cwlth) (PPS Act) regulates certain interests in personal property. This Act has no effect to the extent it is inconsistent with the PPS Act.

(2)A deed registered under this Act shall not lose any priority to which it would otherwise be entitled by reason only of bad faith in the conveying party if the party beneficially taking under that deed acted in good faith and there was valuable consideration given.

4BMistakes in registration

The registration of a deed under this Act shall not be defeated or made ineffectual by reason of any omission, misdescription or error if the identity of the deed is established and the requirements of this Act have been substantially complied with in relation to the registration of that deed.

1. Index

   The registrar-general shall keep an index of deeds registered in, or forming part of, the register.

2. Searches

   A person may search in the index kept by the registrar-general under section 5 and examine the registration copy of any deed registered in the register.

3. Certified copies

   The registrar-general shall, upon receipt of an application specifying the particular deed, being a deed registered in the register, of which the person making the application desires to have issued to him or her a certified copy, issue to that person a copy of the registration copy of the deed certified by the registrar-general to be a true copy of the registration copy of the deed.

   Note 1A fee may be determined under s 8 (Determination of fees) for this section.

   Note 2If a form is approved under s 9 (Approved forms) for an application, the form must be used.

4. Determination of fees

   (1)The Minister may, in writing, determine fees for this Act.

   NoteThe Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

   (2)A determination is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

5. Approved forms

   (1)The registrar-general may, in writing, approve forms for this Act.

   (2)If the registrar-general approves a form for a particular purpose, the approved form must be used for that purpose.

   (3)An approved form is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act 2001.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:

·     land

·     Minister (see s 162)

·     person (see s 160)

·     registrar-general.

deed includes any instrument or document, whether under seal or not, other than—

(a)a will; or

(b)an instrument (not being a lease, or a sublease, for a term of years not exceeding 3 years) that is in accordance with the provisions of the Land Titles Act 1925 and purports to transfer or otherwise deal with or affect an estate or interest in land under the provisions of that Act; or

(c)a document that evidences, or purports to evidence, a change of the name of a person.

the register means the general register of deeds.

registration copy means—

(a)in relation to a deed that is deposited with the registrar-general upon the registration of the deed under this Act—the deed; and

(b)in relation to any other deed—the copy of the deed deposited with the registrar-general upon the registration of the deed under this Act.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This Act was originally a Commonwealth ordinance—the Registration of Deeds Ordinance 1957 A1957-13 (Cwlth).

   The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

   As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).

   Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

   Legislation before becoming Territory enactment

   Registration of Deeds Act 1957 A1957‑13

   notified 21 November 1957

   commenced 21 November 1957

   as amended by

   Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966‑19

   notified 23 December 1966

   commenced 23 December 1966

   Ordinances Revision (Administrative Arrangements) Ordinance 1977 Ord1977‑18

   notified 21 June 1977

   commenced 21 June 1977

   Registration of Deeds (Amendment) Ordinance 1977 Ord1977‑49

   notified 27 September 1977

   commenced 3 October 1977

   Registration of Deeds (Amendment) Ordinance 1978 Ord1978‑25

   notified 5 September 1978

   commenced 3 October 1978

   Registration of Deeds (Amendment) Ordinance 1980 Ord1980‑14

   notified 15 May 1980

   commenced 1 July 1980

   Registration of Deeds (Amendment) Ordinance 1982 Ord1982‑79

   notified 1 October 1982

   commenced 1 October 1982

   Registration of Deeds (Amendment) Ordinance 1983 Ord1983‑40

   notified 29 September 1983

   commenced 1 October 1983

   Registration of Deeds (Amendment) Ordinance 1985 Ord1985‑22

   notified 7 June 1985

   commenced 7 June 1985

   Legislation after becoming Territory enactment

   Registrar-General (Consequential Provisions) Act 1993 A1993‑64 sch 1

   notified 6 September 1993 (Gaz 1993 No S172)
   s 1, s 2 commenced 6 September 1993 (s 2 (1))

   sch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)

   Land Titles (Consequential Amendments) Act 1995 A1995‑54 sch pt 1

   notified 20 December 1995 (Gaz 1995 No S313)

   sch pt 1 commenced 20 June 1996 (s 2)

   Births, Deaths and Marriages Registration (Consequential Provisions) Act 1997 A1997–113 sch

   notified 24 December 1997 (Gaz 1997 No S420)
   s 1, s 2 commenced 24 December 1997 (s 2 (1))

   sch commenced 24 June 1998 (s 2 (2))

   Legislation (Consequential Amendments) Act 2001 A2001-44 pt 327

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 327 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Registration of Deeds Amendment Act 2003 A2003-39

   notified LR 8 September 2003
   s 1, s 2 commenced 8 September 2003 (LA s 75 (1))

   remainder commenced 9 September 2003 (s 2)

   Powers of Attorney Act 2006 A2006-50 sch 2 pt 2.4

   notified LR 30 November 2006
   s 1, s 2 commenced 30 November 2006 (LA s 75 (1))
   sch 2 pt 2.4 commenced 30 May 2007 (s 2 and LA s 79)

   Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.86

   notified LR 22 March 2007
   s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

   sch 3 pt 3.86 commenced 12 April 2007 (s 2 (1))

   Personal Property Securities Act 2010 A2010-15 sch 3 pt 3.3

   notified LR 1 April 2010

   s 1, s 2 commenced 1 April 2010 (LA s 75 (1))
   sch 3 pt 3.3 commenced 30 January 2012 (s 2 (2) (b))

   Red Tape Reduction Legislation Amendment Act 2014 A2014‑47 pt 12

   notified LR 6 November 2014
   s 1, s 2 commenced 6 November 2014 (LA s 75 (1))

   pt 12 commenced 7 November 2014 (s 2)

   Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.39

   notified LR 13 April 2016
   s 1, s 2 commenced 13 April 2016 (LA s 75 (1))

   sch 3 pt 3.39 commenced 27 April 2016 (s 2)

1. Amendment history

   Name of Act

   s 1sub A2007‑3 amdt 3.451

   Dictionary

   s 2defs reloc to dict A2007‑3 amdt 3.452

   sub A2007‑3 amdt 3.453

   def determined fee ins Ord1984‑40 s 4

   om A2001‑44 amdt 1.3604

   def the Registrar om A1993‑64 sch 1

   Notes

   s 2Ains A2007‑3 amdt 3.453

   General register of deeds

   s 3am Ord1977‑18; A1993‑64 sch 1

   sub A2006‑50 amdt 2.20

   Registration of deeds

   s 4am Ord1966‑19; Ord1977‑49; Ord1978‑25; Ord1980‑14; Ord1982‑79; Ord1983‑40; A1993‑64 sch 1; A2001‑44 amdt 1.3605, amdt 1.3606; A2007‑3 amdt 3.454; A2014‑47 s 20, s 21; A2016‑18 amdt 3.179, amdt 3.180

   Priority according to registration

   s 4Ains Ord1985‑22

   am A2010‑15 amdt 3.3

   Mistakes in registration

   s 4Bins Ord1985‑22

   Index

   s 5am A1993‑64 sch 1

   Searches

   s 6am Ord1966‑19; Ord1977‑49; A1993‑64 sch 1

   Certified copies

   s 7am Ord1966‑19; Ord1977‑49; Ord1983‑40; A1993‑64 sch 1; A2001‑44 amdts 1.3607-1.3610

   Determination of fees

   s 8ins Ord1983‑40

   sub A2001‑44 amdt 1.3611

   Approved forms

   s 9ins A2001‑44 amdt 1.3611

   The Schedule

   scham A1993‑64 sch 1

   om A2001‑44 amdt 1.3612

   Dictionary

   dictins A2007‑3 amdt 3.455

   def deed am A1993‑64 sch 1; A1995‑54 sch pt 1; A1997‑113 sch; A2003‑39 s 4

   reloc from s 2 A2007‑3 amdt 3.452

   def the register reloc from s 2 A2007‑3 amdt 3.452

   def registration copy reloc from s 2 A2007‑3 amdt 3.452

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Ord1985‑22	31 October 1990
2	A1997‑113	31 January 1998
3	A2001‑44	12 September 2001
4	A2003‑39	9 September 2003
5	A2007‑3	12 April 2007
6	A2006‑50	30 May 2007
7	A2010‑15	30 January 2012
8	A2014-47	7 November 2014

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