Sale of Land Act 1962 (Vic)
Version No. 172
Sale of Land Act 1962
No. 6975 of 1962
Version incorporating amendments as at
25 November 2025
TABLE OF PROVISIONS
Section Page
1Short title and commencement
2Definitions
Part I—Sale of land
Division 1—General provisions relating to the sale and subdivision of land
8Apportionment of mortgage moneys where land subdivided
8ALand which can be disposed of without being subdivided
9AASale of land prior to approval of plan
9AAAInsurance
9ABDisclosure of works
9ACAmendments to plan
9ADPossession
9AERescission of an off-the-plan contract
9AFRepayment of deposit moneys
9AHWhere land sold does not accord with land in plan
10Amendment affecting pre-sold lots
10AResidential off-the-plan contracts and sunset clauses
10BPower of vendor to rescind a residential off-the-plan contract under sunset clause
10CInconsistent provision of no effect
10DPurported rescission a breach of a residential off-the-plan contract
10EVendor may obtain order of Supreme Court to rescind
10FInformation to be included in sunset clause
10GProhibition on recovering land tax or commercial and industrial property tax under contract of sale of land
10HProhibition on recovering windfall gains tax under option or contract of sale of land
10ICPI adjusted threshold amount
11Owners corporation must have insurance policy
12Offences in relation to the sale of land
12AGuidelines
13Burden of proof as to knowledge of falsity of representation
14Certain agreements void
14BFurther powers of arbitrator with respect to subdivisional land
15Notices
15AApproved building manual must be given to purchaser of land
16Offences
17Regulations
Division 2—Arbitrators
18Power to Governor in Council to appoint arbitrators
19Appointment of arbitrators
20Power to arbitrators to appoint assessors
21Jurisdiction and powers of arbitrators
22Regulations
Division 3—Deposits
23Definitions
24Deposit moneys held by legal practitioner, conveyancer or estate agent to be held as stakeholder
25Deposit moneys to be paid into special purpose account or held by legal practitioner, conveyancer or estate agent
26Application of deposit moneys where contract rescinded
27Release of deposit moneys in certain circumstances
28Powers of purchaser where contract in contravention of this Division
29Effect on terms contract deposit provisions
Division 4—Terms contracts
Subdivision 1—Introductory
29AWhat is a terms contract?
Subdivision 2—Certain terms contracts prohibited
29ABDefinitions
29BWhich terms contracts are prohibited?
29CExceptions to prohibition
29DWhen is a person presently entitled to become the registered proprietor?
29EMistakes or mis-statements as to description
29EAAdditional prohibited terms contracts
29EBOffence to arrange, broker or induce certain terms contracts
29ECOffence to advertise certain terms contracts
29FPurchaser may avoid prohibited terms contract
29GCertain provisions of terms contract void
Subdivision 3—Transfer and mortgage back
29HPurchaser may call for a transfer on giving a mortgage back
29IWhat must the mortgage provide
29JFailure of vendor to comply with requirement
29KSubdivision to apply despite Trustee Act 1958 and other Acts
29LArbitrator may determine questions
Subdivision 4—Mortgages and terms contracts
29MRestrictions on sale of land
29NPurchaser may avoid contract
29OException if mortgage to be discharged
29PLand subject to a terms contract not to be mortgaged by vendor
29QVendor may require purchaser to execute mortgage
29RVendor to advance amount for duty payable
29SContravention of mortgage requirements
29TFailure by purchaser to comply with notice
29UArbitrator may determine questions
29VConstructive notice
Subdivision 5—Restrictions on legal practitioners and conveyancers
29WLegal practitioner or conveyancer not to act for both vendor and purchaser under a terms contract
Division 5—Rent-to-buy arrangements
29WAApplication of Division
29WBDefinitions
29WCProhibition on rent-to-buy arrangements
29WDOffence to arrange, broker or induce rent‑to-buy arrangement
29WEOffence to advertise rent-to-buy arrangements
29WFAvoidance of certain rent-to-buy arrangements
29WGReturn of money paid under contract to purchaser
Division 6—Options to purchase
29WHOptions to purchase
29WIOffence to fail to transfer money
Part II—Miscellaneous provisions
30Definitions
Division 1—Cooling-off periods
31Power of purchaser to terminate a contract for sale of land
31AValidation of notice given to estate agent
Division 2—Section 32 statement
32Statement of matters affecting land being sold
32AFinancial matters in respect of the land to be disclosed in section 32 statement
32BInsurance details in respect of the land to be disclosed in section 32 statement
32CMatters relating to land use to be disclosed in section 32 statement
32DNotices made in respect of land to be disclosed in section 32 statement
32EBuilding permits issued in respect of land to be disclosed in section 32 statement
32FInformation relating to any owners corporation to be disclosed in section 32 statement
32GGrowth areas infrastructure contribution details to be disclosed in section 32 statement
32HDisclosure of non-connected services in section 32 statement
32IEvidence of title required to be disclosed in section 32 statement
32JInformation required for a section 32 statement contained in a certificate, notice, policy of insurance or other document
32KSupply of false information or failure to supply information in section 32 statement or failure to supply section 32 statement may result in rescission
32LOffence to provide false or incomplete information in section 32 statement or fail to provide statement
32MOther circumstance where purchaser may rescind contract of sale
32NContract provision that excludes, modifies or restricts Division is void
32OCircumstance where vendor is not required to give purchaser another section 32 statement
32PAgreement to transfer forest carbon right not a contract for the sale of land
Division 2A—Due diligence checklist
33Definitions
33AWhat is a due diligence checklist?
33BDue diligence checklist to be made available
33CDue diligence checklist to be published on Internet
Division 3—Insurance
34Power of purchaser to rescind contract where house destroyed
35Insurance held by vendor to enure for benefit of purchaser
36Damage to land
Division 4—Public auctions
37This Division applies to publicly advertised auctions
38Dummy bidding prohibited
39Offences by auctioneers
40Offence to procure dummy bid
41Permissible vendor bids
42Offence to falsely acknowledge bid
43Conditions of auctions to be made available before auction starts
44Right to compensation if Division breached
45Contrary conditions are void
46Last vendor bids must be identified if property passed in
47Disruption of auction prohibited
48Regulations
Part IIA—Enforcement
48AApplication of Australian Consumer Law and Fair Trading Act 2012
48BInfringement notices
Part 3—Savings and transitional provisions
Division 1—Miscellaneous
49Application of amendment to section 32—Agriculture Legislation (Amendments and Repeals) Act 2002
50Transitional provision—Purchaser may deduct growth areas infrastructure contribution from purchase price
51Amendment to section 9AA—Consumer Affairs Legislation Amendment (Reform) Act 2010
52Substitution of Division 2 of Part II—Sale of Land Amendment Act 2014
Division 2—Sale of Land Amendment Act 2019
53Definition
54Residential off-the-plan contracts and sunset clauses
55Residential terms contracts
56Rent-to-buy arrangements
57Options to purchase
58Apportionment of amounts under contracts of sale of land
Schedules
Schedule 1—Particulars of mortgage
Schedule 2—Details of cost of vendor finance
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 172
Sale of Land Act 1962
No. 6975 of 1962
Version incorporating amendments as at
25 November 2025
An Act to make Provision with respect to the Sale of Land, to amend the Local Government Act 1958, the Transfer of Land Act 1958, the Town and Country Planning Act 1961, and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1Short title and commencement
(1)This Act may be cited as the Sale of Land Act 1962.
(2)This Act shall come into force on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette and any such proclamation may fix different days for the coming into operation of different sections of the Act.
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2Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
agricultural land means land used primarily for agricultural or pastoral purposes, regardless of whether the land is also used for commercial or residential purposes;
arbitrator means a person appointed by the Governor in Council to be an arbitrator for the purposes of this Act;
Australian financial services licence has the same meaning as in Chapter 7 of the Corporations Act;
authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;
child of a person includes a child of the person's spouse or domestic partner;
conveyancer means a licensee under the Conveyancers Act 2006;
domestic partner of a person means—
(a)a person who is in a registered relationship with the person; or
(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
estate agent has the same meaning as in the Estate Agents Act 1980;
financial product has the same meaning as in Chapter 7 of the Corporations Act;
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
land includes land of any tenure, and buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; and also an undivided share in land and any estate or interest in land;
land banking scheme means a scheme for the proposed development of land by the subdivision of that land, under which—
(a)members contribute money or money's worth as consideration to acquire rights to benefits produced by the scheme, whether the rights are actual, prospective or contingent, and regardless of whether the rights are enforceable; and
(b)members (other than the scheme's proponent) do not have day-to-day control or oversight of the operation of the scheme, regardless of whether they have the right to be consulted or to give directions; and
(c)members (other than the scheme's proponent) do not have a proprietary interest in a material part of, or all of, the land that is the subject of the proposed development—
but does not include the development of land under an off-the-plan contract;
legal practitioner means an Australian legal practitioner;
licensed estate agent has the same meaning as in the Estate Agents Act 1980;
mortgage includes any charge or lien on any land for securing money or money's worth but does not include any such charge or lien which attaches to any land by the operation of any enactment to secure an amount due for rates taxes or charges payable to any statutory body or any such charge or lien in favour of a service company to secure the performance by the proprietor of a stratum estate of his obligations to the service company under a service agreement or any floating charge on the whole or any part of the undertaking or property of a corporation and the verb to mortgage shall have a corresponding interpretation; mortgage money means money or money's worth secured by a mortgage; mortgagor includes any person from time to time deriving title under the original mortgagor or entitled to redeem a mortgage according to his estate interest or right in the mortgaged property; mortgagee includes any person at any time deriving title under the original mortgagee;
occupancy permit means an occupancy permit issued under Part 5 of the Building Act 1993;
off-the-plan contract means a contract for the sale of a lot on a plan of subdivision (whether the plan is certified or not) where the plan has not been registered under section 22 of the Subdivision Act 1988;
Part means Part of this Act;
police officer has the same meaning as in the Victoria Police Act 2013;
prescribed means prescribed by or under this Act;
purchaser includes any person from time to time deriving an interest under a contract of sale from the original purchaser under the contract;
registered managed investment scheme means a scheme registered by ASIC under section 601EB of the Corporations Act;
regulations means regulations under this Act;
Registrarmeans the Registrar of Titles;
rent-to-buy arrangement means an arrangement that involves a person entering into one or more contracts that provide for—
(a)a right of, or obligation on, that person to purchase residential land; and
(b)payment of rent or any other amount by that person in respect of a period of occupation of the residential land for more than 6 months before the right to purchase that land may be exercised or the purchase of the land completed;
residential land means land that is used or intended to be used for residential purposes;
residential off-the-plan contract
means an off‑the-plan contract where the lot is proposed to be used for residential
purposes;
rules means rules under this Act;
sale includes an agreement for sale an offer to sell and the giving of an option to purchase; and sell and sells shall have corresponding interpretations;
Schedule means Schedule to this Act;
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spouse of a person means a person to whom the person is married;
sunset clause means a provision of a residential off-the-plan contract that provides for the contract to be rescinded if—
(a)the relevant plan of subdivision in respect of the lot has not been registered by the sunset date; or
(b)an occupancy permit has not been issued in respect of the lot by the sunset date;
sunset date means a date that is—
(a)specified in a residential off-the-plan contract as the latest date by which the relevant plan of subdivision must be registered or the occupancy permit must be issued; or
(b)an extension of the date referred to in paragraph (a) that is determined in accordance with the terms of the contract;
terms contract has the meaning set out in section 29A;
vendor includes any person to whom the rights of a vendor under a contract have been assigned.
(1A)For the purposes of the definition of domestic partner in subsection (1)—
(a)registered relationship has the same meaning as in the Relationships Act 2008; and
(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
(2)This Act does not bind the Crown but applies to any statutory body or authority (whether or not it represents the Crown) in respect of any subdivision of land.
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PART I—SALE OF LAND
Division 1—General provisions relating to the sale and subdivision of land
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8Apportionment of mortgage moneys where land subdivided
(1)Where any land which is subject to a mortgage is or has been subdivided into separate lots or parcels the mortgagor may require the mortgagee to apportion the mortgage moneys to the respective lots or parcels of land which are subject to the mortgage.
(2)If the mortgagee fails to apportion the mortgage moneys to the respective lots or parcels or if the mortgagor is dissatisfied with the proposed apportionment the mortgagor may apply to an arbitrator for a determination as to the amount to be apportioned to each such lot or parcel.
(3)Where the mortgage moneys have been apportioned to the respective lots or parcels pursuant to this section the mortgagee shall on tender of—
(a)the amount apportioned to any particular lot or parcel; or
(b)a registrable instrument of mortgage to secure payment of all moneys apportioned to that lot or parcel—
execute and deliver to the mortgagor a discharge of the first-mentioned mortgage in so far as it relates to that lot or parcel.
(4)A mortgage tendered under this section shall contain all such powers in favour of the mortgagee and all such covenants on the part of the mortgagor as are usual in mortgages and shall fully accord with and provide for the observance of all obligations of the mortgagor pursuant to the mortgage to be discharged and shall be prepared and registered at the cost of the mortgagor.
(5)Any question as to the sufficiency of any instrument of mortgage tendered pursuant to this section shall in the absence of agreement between the parties be determined by an arbitrator.
8ALand which can be disposed of without being subdivided
(1)The following land can be dealt with without being subdivided—
(a)any land under the operation of the Transfer of Land Act 1958 which is—
(i)a lot on a plan of subdivision certified or registered under the Subdivision Act 1988 and which is not the subject of a later registered plan; or
(ii)an allotment on the latest Crown plan for disposal in fee simple of Crown land which is not the subject of a later registered plan; or
(iii)an allotment on a plan of subdivision approved by the Registrar under section 97 of the Transfer of Land Act 1958 or on any map or plan deposited or lodged under section 97 of the Transfer of Land Act 1954 or a corresponding previous or subsequent enactment, which is not the subject of a later registered plan; or
(iv)a lot on a registered plan of strata subdivision, subject to any restriction on the plan, which is not the subject of a later registered plan; or
(v)a lot on a registered cluster plan, subject to any restriction on the plan, which is not the subject of a later registered plan; or
(vi)a parcel of land for which a declaration has been given under section 569D(3A) of the Local Government Act 1958 if the registration of any instrument or dealing to which the declaration relates occurs within 5 years of the commencement of section 44 of the Subdivision Act 1988; or
(vii)the whole of the land in a folio of the Register under the Transfer of Land Act 1958 which is not the subject of a later registered plan; or
(viii)a separate parcel of land or a separate part of a parcel of land if the parcel or part existed and could be sold separately prior to the commencement of section 44 of the Subdivision Act 1988 (whether the land is disposed of before or after that commencement); or
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(b)any land not under the Transfer of Land Act 1958 which is—
(i)an allotment on the latest Crown plan for disposal in fee simple of Crown land which is not the subject of a later plan of subdivision sealed under section 569B of the Local Government Act 1958; or
(ii)a parcel of land or a separate part of a parcel of land granted by a conveyance dated more than 15 years before the commencement of section 44 of the Subdivision Act 1988; or
(iia)a separate parcel of land or a separate part of a parcel of land granted by a conveyance dated 15 or less than 15 years before the commencement of section 44 of the Subdivision Act 1988 and which lawfully subdivided the land; or
(iii)a parcel of land on a plan of subdivision sealed under section 569B of the Local Government Act 1958 before 1 March 1963; or
(iiia)a parcel of land on a plan of subdivision containing not more than 2 allotments sealed under section 569B of the Local Government Act 1958 on or after 1 March 1963; or
(iv)a separate parcel of land or a separate part of a parcel of land if the parcel or part existed and could be sold separately prior to the commencement of section 44 of the Subdivision Act 1988 (whether the land is disposed of before or after that commencement); or
(c)any land (whether or not under the operation of the Transfer of Land Act 1958) which is a part of any land referred to in a subparagraph of paragraph (a) or (b), if the remainder of that land—
(i)was disposed of under section 569(2A) of the Local Government Act 1958, to the Crown or a public statutory body; or
(ii)was compulsorily acquired by an acquiring authority under the Land Acquisition and Compensation Act 1986 or any corresponding previous enactment; or
(iii)was disposed of to an adjoining owner under section 569D(3A) of the Local Government Act 1958; or
(iv)was purchased by a person or transferred to a municipality under section 527 of the Local Government Act 1958 or any corresponding previous enactment; or
(iva)was proclaimed as a public highway before the commencement of the Subdivision Act 1988; or
(v)is transferred or disposed of under section 207 of the Local Government Act 1989 and a plan of subdivision is not required under that section.
(2)Expressions used in this section and defined in the Subdivision Act 1988 have the same meanings in this section as they have in that Act.
(3)For the purposes of subsection (1)(a)(viii) and (b)(iv), land must be taken to be a separate parcel or a separate part of a parcel of land which existed and could be sold separately prior to the commencement of section 44 of the Subdivision Act 1988 only if the parcel or part existed prior to that commencement and—
(a)the land—
(i)is under the operation of the Transfer of Land Act 1958; and
(ii)does not fall under subsection (1)(a)(i) to (vii); and
(iii)is not part of a plan of consolidation; and
(iv)either—
(A)is not part of an allotment on a plan sealed by a Council or confirmed under the Local Government Act 1958 or of a Crown grant issued on or after 1 August 1969 and showing the allotment in two or more pieces; or
(B)is part of an allotment on a plan or of a Crown grant mentioned in sub-subparagraph (A) but is dealt with by a person who is the registered proprietor of that and no other part of the land in the allotment or grant; or
(C)is part of the land in a folio of the register, but that part does not touch on any other land in the folio and is not part of an allotment on a plan or of a Crown grant mentioned in sub‑subparagraph (A); or
(b)the land—
(i)is not under the operation of the Transfer of Land Act 1958; and
(ii)does not fall under subsection (1)(b)(i) to (iiia); and
(iii)either—
(A)is not part of an allotment on a plan sealed by a Council or confirmed under the Local Government Act 1958 on or after 1 August 1969 showing that allotment in two or more pieces; or
(B)is part of an allotment mentioned in sub-subparagraph (A) but is dealt with by a person who is the owner of an estate in fee simple in that part and no other part; or
(C)is part of a parcel of land granted by a conveyance which lawfully brought about a subdivision, if that part does not touch on any other part of the parcel and is not part of an allotment mentioned in sub-subparagraph (A); or
(c)the land is part of a plan of consolidation approved by the Registrar and is dealt with by a person who is the registered proprietor of that part and no other part of the land in the plan.
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9AASale of land prior to approval of plan
(1)A vendor must not enter into an off-the-plan contract with any person, except a statutory body or authority, unless—
(a)the off‑the-plan contract provides that the deposit moneys payable by the purchaser are to be paid—
(i)to a legal practitioner, conveyancer or licensed estate agent acting for the vendor to be held by the legal practitioner, conveyancer or licensed estate agent on trust for the purchaser until the registration of the plan of subdivision; and
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(b)the deposit moneys payable under the contract do not exceed 10 per cent of the purchase price of the lot.
Note
The expression "does not exceed 10 per cent" means that a deposit may be up to and including 10 per cent.
(1A)An off-the-plan contract must contain a conspicuous notice to the purchaser stating—
(a)that subject to the limit set by subsection (1)(b), the purchaser may negotiate with the vendor about the amount of deposit moneys payable under the contract; and
(b)that a substantial period of time may elapse between the day on which the purchaser signs the off-the-plan contract and the day on which the purchaser becomes the registered proprietor of the lot; and
(c)that the value of the lot may change between the day on which the purchaser signs the off‑the-plan contract and the day on which the purchaser becomes the registered proprietor.
(2)The deposit moneys paid by the purchaser before the registration of the plan under an off-the-plan contract must be paid to the legal practitioner, conveyancer or licensed estate agent acting for the vendor.
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(5)A person may sell land under an off-the-plan contract despite anything in section 8A.
(6)In this section (except subsection (1)(b)) and section 9AF, deposit moneys in relation to the sale of a lot includes any moneys which are part of the purchase price received by the vendor or on behalf of the vendor before the purchaser becomes entitled to a transfer or conveyance of the lot.
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9AAA Insurance
If an owners corporation for a plan of subdivision will be required by the Owners Corporations Act 2006 to effect insurance after the plan is registered, the vendor must effect insurance in accordance with that Act as if the vendor were the owners corporation, until—
(a)if the owners corporation meets within 6 months after the plan is registered, the end of one month after its first meeting; and
(b)in any other case, the end of 6 months after the plan is registered.
9ABDisclosure of works
(1)The vendor must disclose in an off-the-plan contract details of any works affecting the natural surface level of the land in the lot to which the contract relates or any land abutting the lot which is in the same subdivision as the lot which to the vendor's knowledge—
(a)have been carried out on that land after the certification of the plan of subdivision and before the date of the contract; or
(b)are at the date of the contract being carried out or proposed to be carried out on that land.
(2)The vendor under an off-the-plan contract must disclose to the purchaser details of any works affecting the natural surface level of the land in the lot to which the contract relates or of any land abutting the lot which is in the same subdivision as the lot which have not been disclosed in the off-the-plan contract and which to the vendor's knowledge—
(a)have been carried out on that land after the date of the contract and before the registration of the plan of subdivision; or
(b)after the date of the contract and before the registration of the plan of subdivision have been commenced to be carried out or are proposed to be carried out on the land.
(3)The vendor must make a disclosure under subsection (2) in writing as soon as practicable after the details required to be disclosed come to the knowledge of the vendor.
(4)If—
(a)any works referred to in subsection (1) or (2) have been, are being or are to be carried out at the direction of a municipality or public authority; and
(b)the vendor has been required to submit plans of the works or proposed works to the municipality or public authority—
the vendor must—
(c)in the case of a disclosure under subsection (1), include a copy of the plans in the off‑the-plan contract; and
(d)in the case of a disclosure under subsection (2), provide the purchaser with a copy of the plans at the time of that disclosure.
(5)If the vendor under an off-the-plan contract knowingly or recklessly—
(a)supplies false information to the purchaser under this section; or
(b)fails to supply all the information required to be supplied to the purchaser under this section—
the vendor shall be guilty of an offence and liable to a penalty of not more than 50 penalty units.
9ACAmendments to plan
(1)If after an off-the-plan contract has been entered into and before the registration of the relevant plan of subdivision an amendment to the plan is required by the Registrar or requested by the vendor, the vendor shall within 14 days after the receipt of the requirement of the Registrar or the making of the request by the vendor (as the case requires) advise the purchaser in writing of the proposed amendment.
(2)The purchaser may rescind an off-the-plan contract within 14 days after being advised by the vendor under subsection (1) of an amendment to the plan of subdivision which will materially affect the lot to which the contract relates.
9ADPossession
(1)The purchaser under an off-the-plan contract is not entitled to possession of the lot to which the contract relates before the registration of the relevant plan of subdivision.
(2)The vendor under an off-the-plan contract must not require the purchaser under the contract to take possession of the lot to which the contract relates before the registration of the relevant plan of subdivision.
Penalty:50 penalty units.
(3)The vendor must allow the purchaser under an off-the-plan contract reasonable access to the lot for any purpose connected with the proposed development or use of the lot.
(4)This section does not apply to possession of a lot by a purchaser in consideration of a payment of an occupation fee.
9AERescission of an off-the-plan contract
(1)If the vendor under an off-the-plan contract fails to comply with section 9AA(1) or (2) or 9AB the purchaser may rescind the off-the-plan contract at any time before the registration of the plan of subdivision.
(2)If the plan of subdivision is not registered within 18 months after the date of an off-the-plan contract for the sale of a lot on that plan of subdivision, or, if the contract specifies another period, before the end of that specified period, the purchaser may, at any time after the expiration of that period but before the plan is so registered, rescind the contract.
9AFRepayment of deposit moneys
(1)If—
(a)the vendor rescinds an off-the-plan contract as a result of a default by the purchaser, the vendor is immediately entitled to be paid the deposit money in the vendor's own right; or
(b)the purchaser rescinds an off-the-plan contract as a result of a default by the vendor or pursuant to section 9AC or 9AE, the purchaser is entitled to the immediate return of the deposit moneys less the amount of any occupation fees paid by the purchaser.
(2)Nothing in subsection (1) shall limit or affect the power of the court—
(a)to order the repayment of the deposit moneys (whether that order is made pursuant to section 49(2) of the Property Law Act 1958 or otherwise); or
(b)to relieve a purchaser against forfeiture of the deposit.
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9AHWhere land sold does not accord with land in plan
(1)This section applies to the sale of land if, at date the contract is entered into, section 20A of the Subdivision Act 1988 applies to the land and has not been complied with.
(2)If a contract for the sale of land to which this section applies has been entered into, the purchaser may avoid the sale if—
(a)the contract has not been completed; and
(b)the purchaser has not disposed of the land; and
(c)after the date the contract is entered into, the applicant under the Subdivision Act 1988 gives to the Council advice by a licensed surveyor under section 20A of that Act that there is a substantial discrepancy between any boundary of the land and that boundary as shown on the plan; and
(d)not more than 18 months have passed since the contract was entered into.
(3)If the purchaser avoids the sale, all money paid by the purchaser under the contract is recoverable by the purchaser except for any money paid by the purchaser as an occupation fee for any time during which the purchaser was in actual occupation of the land the subject of the sale.
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10Amendment affecting pre-sold lots
(1)If any amendment to a plan of subdivision is made after an off-the-plan contract for the sale of a lot on the plan of subdivision is entered into which restricts or limits the use of the lot the purchaser may avoid the sale at any time before the plan of subdivision is registered unless the amendment results from any recommendation of a public authority or government department.
(2)An off-the-plan contract may provide that subsection (1) does not apply in respect of the final location of an easement shown on a certified plan.
10AResidential off-the-plan contracts and sunset clauses
If a sunset clause in a residential off-the-plan contract purports to automatically rescind the contract on the part of the vendor, the sunset clause is taken to permit the contract to be rescinded on the part of the vendor on or after the sunset date, in accordance with this Division.
10BPower of vendor to rescind a residential off-the-plan contract under sunset clause
(1)A vendor must not rescind a residential off‑the-plan contract under a sunset clause in that contract except as provided for in this Division.
(2)Subject to subsection (3), a vendor may rescind a residential off-the-plan contract under a sunset clause if—
(a)the relevant plan of subdivision has not been registered by the sunset date; or
(b)an occupancy permit has not been issued by the sunset date.
(3)Before rescinding a residential off-the-plan contract under a sunset clause, the vendor must obtain the written consent of each purchaser to the rescission after giving each purchaser, at least 28 days before the proposed rescission, written notice setting out—
(a)the reason why the vendor is proposing to rescind the contract; and
(b)the reason for the delay in the registration of the plan of subdivision or the issuing of the occupancy permit; and
(c)that the purchaser is not obliged to consent to the proposed rescission.
10CInconsistent provision of no effect
A provision of a residential off-the-plan contract has no effect to the extent that it is inconsistent with sections 10A, 10B and 10E.
10DPurported rescission a breach of a residential
off-the-plan contractThe purported rescission of a residential off‑the-plan contract in contravention of this Division is taken to be a breach of that contract.
10EVendor may obtain order of Supreme Court to rescind
(1)A vendor under a residential off-the-plan contract that contains a sunset clause may apply to the Supreme Court for an order permitting the vendor to rescind the contract under the sunset clause.
(2)On the application of a vendor under subsection (1), the Supreme Court may make an order permitting the vendor to rescind the residential off-the-plan contract if the Court is satisfied that making the order is just and equitable in all the circumstances.
(3)In determining whether to make an order under subsection (2), the Supreme Court must have regard to—
(a)the terms of the residential off-the-plan contract; and
(b)whether the vendor has acted unreasonably or in bad faith; and
(c)the reason for the delay in registering the relevant plan of subdivision or in an occupancy permit being issued; and
(d)the likely date on which the relevant plan of subdivision will be registered or the occupancy permit will be issued; and
(e)whether the lot that is the subject of the residential off-the-plan contract has increased in value; and
(f)the effect of the rescission on each purchaser; and
(g)any other matter that the Court considers to be relevant; and
(h)any other prescribed matter.
(4)If the Supreme Court makes an order under subsection (2), the Court may make any other order it considers just and equitable in all the circumstances, including an order for reasonable compensation of the purchaser.
(5)The vendor is liable to pay the costs of a purchaser in relation to the proceeding for an order under this section unless the vendor satisfies the Supreme Court that the purchaser unreasonably withheld consent to the rescission of the residential off-the-plan contract under the sunset clause.
10FInformation to be included in sunset clause
(1)Subject to subsection (2), a sunset clause in a residential off-the-plan contract must include a statement that—
(a)the vendor is required to give notice of a proposed rescission of the contract under the sunset clause; and
(b)the purchaser has the right to consent to the proposed rescission of the contract but is not obliged to consent; and
(c)the vendor has the right to apply to the Supreme Court for an order permitting the vendor to rescind the contract; and
(d)the Supreme Court may make an order permitting the rescission of the contract if satisfied that making the order is just and equitable in all the circumstances.
Penalty:For a natural person, 240 penalty units;
For a body corporate, 1200 penalty units.
(2)Subsection (1) does not apply to a residential off-the-plan contract entered into before the date on which this section comes into operation.
10GProhibition on recovering land tax or commercial and industrial property tax under contract of sale of land
(1)A provision of a contract of sale of land for a sale price less than the threshold amount is of no effect to the extent that the provision purports to require the purchaser under the contract to pay an amount for or towards tax for which the vendor is or may become liable in respect of the land under the Land Tax Act 2005 or the Commercial and Industrial Property Tax Reform Act 2024.
(2)A vendor must not enter into a contract of sale of land for a sale price less than the threshold amount if the contract purports to require the purchaser under the contract to pay an amount for or towards tax for which the vendor is or may become liable in respect of the land under the Land Tax Act 2005 or the Commercial and Industrial Property Tax Reform Act 2024.
Penalty:For a natural person, 60 penalty units;
For a body corporate, 300 penalty units.
(3)In this section—
sale price, in relation to a contract, means the price of the land that is specified in the contract, however expressed and including any amount of GST payable on the supply constituted by the sale of the land, less any discount or rebate that is specified in the contract, whether or not the discount or rebate is contingent;
threshold amount has the meaning given in section 10I.
10HProhibition on recovering windfall gains tax under option or contract of sale of land
(1)A provision of an option to enter into a contract of sale of land is of no effect to the extent that the provision purports to require the purchaser under the contract of sale of land to pay an amount for or towards tax payable under an existing windfall gains tax liability in respect of the land.
(2)A person must not grant an option to enter into a contract of sale in respect of land if—
(a)there is an existing windfall gains tax liability in respect of the land; and
(b)the option purports to require the purchaser of the land to pay an amount for or towards the tax payable under the windfall gains tax liability.
Penalty:For a natural person, 60 penalty units;
For a body corporate, 300 penalty units.
(3)A provision of a contract of sale of land is of no effect to the extent that the provision purports to require the purchaser under the contract to pay an amount for or towards tax payable under an existing windfall gains tax liability in respect of the land.
(4)A vendor must not enter into a contract of sale of land if—
(a)there is an existing windfall gains tax liability in respect of the land; and
(b)the contract purports to require the purchaser of the land to pay an amount for or towards tax payable under the windfall gains tax liability.
Penalty:For a natural person, 60 penalty units;
For a body corporate, 300 penalty units.
(5)In this section—
windfall gains tax liability means a liability for an amount of tax—
(a)arising under the Windfall Gains Tax Act 2021; and
(b)specified in a notice of assessment served on any person under section 14 of the Taxation Administration Act 1997.
10ICPI adjusted threshold amount
(1)The threshold amount for a calendar year is to be determined in accordance with the following formula—
(a)for a contract entered into on or after 1 January 2024 and on or before 31 December 2024, $10 000 000;
(b)for each subsequent calendar year, the amount determined in accordance with the following formula—
where—
TAis the threshold amount being determined for a calendar year;
Ais the amount of the threshold amount for the previous calendar year, as rounded up or down in accordance with subsection (2);
Bis the sum of—
(a)the consumer price index number for the last reference period in the calendar year preceding the previous calendar year; and
(b)the total of the consumer price index numbers for each of the reference periods (other than the last) in the previous calendar year;
Cis the sum of—
(a)the consumer price index number for the last reference period in the calendar year one year earlier than the calendar year referred to in paragraph (a) of B; and
(b)the total of the consumer price index numbers for each of the reference periods (other than the last) in the calendar year one year earlier than the calendar year referred to in paragraph (b) of B.
Example
In the case of a determination of the threshold amount for 2025, "A" is the threshold amount for 2024, "B" is the sum of the consumer price index numbers for December 2023, March 2024, June 2024 and September 2024 and "C" is the sum of the consumer price index numbers for December 2022, March 2023, June 2023 and September 2023.
(2)The threshold amount determined under subsection (1)(b) is to be rounded up or down to the nearest $100 000 and, if the amount of the CPI to be adjusted is an exact multiple of $50 000, is to be rounded up.
(3)The Director of Consumer Affairs must publish the threshold amount for a calendar year on an appropriate website on or before 1 December in the calendar year preceding the relevant calendar year.
(4)A failure to comply with subsection (3) in respect of a calendar year does not affect the operation of section 10G in respect of the threshold amount for that year.
(5)In this section—
consumer price index means the all groups consumer price index weighted average of eight capital cities in original terms published by the Australian Bureau of Statistics as at 15 November immediately preceding the date on which the Director of Consumer Affairs publishes the threshold amount under subsection (3).
11Owners corporation must have insurance policy
(1)A person cannot sell a lot affected by an owners corporation unless the vendor or the owners corporation has a current insurance policy in accordance with the Owners Corporations Act 2006 for any insurance required by that Act to be effected by the owners corporation.
(2)If a lot is sold in contravention of subsection (1) the purchaser may avoid the sale at any time before the contract is completed.
12Offences in relation to the sale of land
Any person who, with the intention of inducing any person to buy any land—
(a)knowingly or recklessly makes or publishes any false representation or wilfully false promise;
(b)states or publishes any statement that he or some other person named by him will buy, at a profit to be received in the future by such prospective purchaser—
(i)the land in question or any part thereof;
(ii)any interest in that land or in any part thereof; or
(iii)any other land or chattel owned by the prospective purchaser;
(c)states or publishes any statement that he or some other person named by him will at some future time obtain for the prospective purchaser a profit on the sale of the land in question or any part thereof or any interest in that land or in any part thereof;
(d)makes or publishes any statement promise or forecast which he knows to be misleading or deceptive or knowingly conceals any material facts or recklessly makes any statement or forecast which is misleading or deceptive; or
(e)makes any statement promise or forecast concerning the provision of amenities or services which are normally provided by the State or by any statutory authority unless he has been advised in writing by the State or by the authority in question that such amenities or services will be so provided—
shall be guilty of an offence against this Act and shall for every such offence be liable to a penalty of not more than 240 penalty units or to imprisonment for a term of not more than twelve months.
12AGuidelines
(1)The Director of Consumer Affairs Victoria may make guidelines to assist vendors of land and their agents to understand what a material fact is likely to be for the purposes of section 12(d).
(2)A court may have regard to any guidelines made under subsection (1).
13Burden of proof as to knowledge of falsity of representation
(1)In any action commenced in respect of the sale of any land if it is proved that any representation made on such sale was false and that any party to such action was induced by such representation to enter into a contract to purchase such land the person making such representation shall be deemed to have made the same with knowledge of its falsity unless he proves—
(a)that he had reasonable ground to believe and did believe that the representation was true or that he had no reason to suspect that the representation was false; and
(b)that otherwise he had acted innocently.
(2)No term or provision of any agreement (whether entered into before or after the commencement of this Act) for the sale and purchase of any land therein shall be so construed as in any way to prevent the purchaser from claiming or being awarded damages or any other relief in respect of any fraudulent misrepresentation in connexion with the purchase of such land.
14Certain agreements void
Any agreement under which a person purports to waive any right the person may have under this Act to avoid a contract is void.
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14BFurther powers of arbitrator with respect to subdivisional land
(1)If any difference or dispute arises between the vendor and the purchaser with respect to—
(a)the non-compliance by either party with any of the requirements of sections 9AA to 9AH; or
(b)a purported rescission by the purchaser of the contract of sale pursuant to section 9AC, 9AE or 9AH—
either party may refer the difference or dispute to an arbitrator for determination.
(2)Without affecting the generality of section 21, the arbitrator may make an order under this section requiring the vendor to pay compensation to the purchaser in respect of any loss suffered by the purchaser arising out of the contract.
15Notices
(1)A notice in writing required or authorized to be given by this Act shall be sufficiently served upon any person—
(a)if it is served personally or left at his last known place of abode in Victoria; or
(b)if served personally or by post upon his legal practitioner or conveyancer named in the contract or otherwise authorized by the person to be served to act in the particular matter.
(2)A person shall be deemed not to have complied with a requirement contained in such notice if the requirement is not complied with—
(a)within ninety days of service;
(b)within any extension of time agreed to by the parties within ninety days of the service; or
(c)within the time allowed by an arbitrator on application made within ninety days of the service—
whichever is the longer.
15AApproved building manual must be given to purchaser of land
(1)On the settlement of a contract for the sale of land, on which there is a building in respect of which a building manual has been approved by a relevant building surveyor under section 41B(1) of the Building Act 1993, the vendor of the land must give an up-to-date copy of the approved building manual to the purchaser of the land.
Penalty:60 penalty units, in the case of a natural person;
300 penalty units, in the case of a body corporate.
(2)Subsection (1) does not apply if the land is affected by an owners corporation.
16Offences
(1)Any person who sells any land in contravention of the provisions of this Act shall be guilty of an offence against this Act and where no other penalty is expressly provided be liable to a penalty of not more than 10 penalty units.
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(4)Notwithstanding anything in this section it shall be a defence to a prosecution under this section if the accused satisfies the court—
(a)that at the time of the alleged contravention of the provisions of this Act—
(i)he was a licensed estate agent within the meaning of the Estate Agents Act 1980; and
(ii)he had acted only as agent for the vendor in connexion with the sale; and
(b)that he had acted honestly and reasonably and ought fairly to be excused in all the circumstances of the case.
17Regulations
(1)The Governor in Council may make regulations for or with respect to all matters and things authorized or required to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)Without limiting subsection (1), for the purposes of section 29WA(b), the Governor in Council may make regulations for or with respect to requirements for rent-to-buy arrangements, in particular—
(a)money paid for or with respect to the rights or obligations that are the subject of such arrangements, including the following—
(i)the holding of the money on trust on behalf of purchasers;
(ii)the money being held in interest bearing accounts;
(iii)other matters as to interest on the money, including the application of the interest and dealing with the interest if the purchaser's right is not exercised; and
(b)the inclusion of certain conditions in rent-to-buy arrangements, including conditions for or with respect to any obligation in the arrangement on a purchaser to purchase any land that is the subject of the arrangement; and
(c)any other requirements as to the effect of, or terms and conditions of, rent-to-buy arrangements.
Division 2—Arbitrators
18Power to Governor in Council to appoint arbitrators
(1)For the purposes of this Act the Governor in Council may appoint so many persons to be arbitrators as he thinks fit.
(2)No person shall be appointed an arbitrator unless he is a judge of the county court or a person qualified to be appointed a judge of the county court.
19Appointment of arbitrators
A person appointed to be an arbitrator shall be—
(a)appointed for such term as the Governor in Council thinks fit;
(b)eligible for re-appointment; and
(c)entitled to such salary and allowances as are prescribed.
20Power to arbitrators to appoint assessors
(1)An arbitrator may if he thinks fit call in the aid of one or more assessors to assist him in determining any matter under this Act.
(2)An arbitrator shall not be bound by the opinion or finding of any such assessor.
(3)Any assessor called in by an arbitrator shall be selected from a panel of persons appointed by notice in writing under the hand of the Attorney‑General published in the Government Gazette.
(4)Assessors shall be paid such sitting fees as are prescribed.
21Jurisdiction and powers of arbitrators
(1)An arbitrator shall entertain, inquire into and decide upon all matters which an arbitrator is empowered to determine by this Act and for that purpose may do all such matters and things relating thereto including the ordering of the payment of costs by any party and in the same manner and to the same extent as the Supreme Court is empowered to do in the exercise of its ordinary jurisdiction and the decision of an arbitrator shall be enforceable as if it were a judgment or an order of the Supreme Court and shall be final and without appeal.
(2)An arbitrator may if he thinks fit reserve any question in the form of a special case for the opinion of the Court of Appeal which opinion shall be given.
(3)In deciding any matter an arbitrator shall be guided by the real justice of the matter without regard to the legal forms and solemnities.
(4)An arbitrator shall not make any order affecting the Register kept under the Transfer of Land Act 1958 without prior consultation with the Registrar or his nominee.
22Regulations
The Governor in Council may make regulations for or with respect to applications to and proceedings before arbitrators including regulations fixing the fees to be paid on or with respect to any such application or proceedings.
Division 3—Deposits
23Definitions
In this Division unless inconsistent with the context or subject-matter—
commissionhas the same meaning as in section 4 of the Estate Agents Act 1958[1];
deposit moneys in relation to a transaction for the sale of land includes any moneys which are part of the purchase price received by the vendor or on behalf of the vendor before the purchaser becomes entitled to a transfer or conveyance of the land which is the subject of the transaction, or in the case of a terms contract any moneys received by the vendor or on behalf of the vendor before the purchaser becomes entitled to possession or to the receipt of rent and profits pursuant to the contract.
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24Deposit moneys held by legal practitioner, conveyancer or estate agent to be held as stakeholder
(1)Any deposit moneys received by a legal practitioner, conveyancer or estate agent in the course of a transaction for the sale of land shall be held by that legal practitioner, conveyancer or estate agent as a stakeholder until—
(a)in the case of a cash transaction, the purchaser becomes entitled to a transfer or conveyance of the land; or
(b)in the case of a terms contract, the purchaser becomes entitled to possession or to the receipt of rents and profits—
at which time the deposit moneys may be paid to the vendor in his own right or as the vendor directs.
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(2)This section does not prevent the transfer of deposit moneys from—
(a)a legal practitioner, estate agent or conveyancer to another legal practitioner, estate agent or conveyancer if that other legal practitioner, estate agent or conveyancer is acting for the vendor in relation to the sale; or
(b)a vendor to a legal practitioner, estate agent or conveyancer acting for that vendor.
(3)Any deposit moneys transferred under subsection (2) must continue to be held by the person to whom they were transferred as a stakeholder under this Division.
25Deposit moneys to be paid into special purpose account or held by legal practitioner, conveyancer or estate agent
(1)Any deposit moneys received by a vendor in the course of a transaction for the sale of land other than deposit moneys released pursuant to section 27 shall be paid within seven days after their receipt by the vendor—
(a)to a conveyancer, an estate agent or legal practitioner acting for the vendor; or
(b)into a special purpose account in an authorised deposit-taking institution in Victoria to be nominated by the vendor in the joint names of the purchaser and the vendor.
(2)An account established under this section may be drawn upon only with the signature of both vendor and purchaser or the personal representative of the vendor or purchaser
(as the case may be).
(3)Nothing in this section shall impose any additional liability upon the authorised deposit‑taking institution in respect of any money deposited pursuant to this section.
(4)Where a vendor or purchaser fails to comply with any of the provisions of this section he shall be guilty of an offence against this Act and liable to a penalty of not more than 10 penalty units.
26Application of deposit moneys where contract rescinded
(1)Notwithstanding sections 24 and 25, where in a transaction for the sale of land—
(a)the vendor rescinds the contract as the result of a default by the purchaser, the vendor shall be immediately entitled to be paid the deposit moneys in his own right; or
(b)the purchaser rescinds the contract as the result of a default by the vendor, the purchaser shall be entitled to the immediate return of the deposit moneys.
(2)Nothing in subsection (1) shall limit or affect the power of the court—
(a)to order the repayment of the deposit moneys (whether that order is made pursuant to section 49(2) of the Property Law Act 1958 or otherwise); or
(b)to relieve a purchaser against forfeiture of the deposit.
27Release of deposit moneys in certain circumstances
(1)Where a legal practitioner, conveyancer or estate agent is holding deposit moneys as a stakeholder under section 24, the purchaser may by authorization in writing empower the legal practitioner, conveyancer or estate agent (as the case may be) to release those deposit moneys to the vendor in his own right or as the vendor directs.
(2)Subsection (1) shall only operate—
(a)where the contract is not subject to any condition enuring for the benefit of the purchaser; and
(b)where the purchaser has accepted title or may be deemed to have accepted title.
(3)An authorization in writing shall not be effective unless and until the vendor has given the purchaser a notice in writing setting out—
(a)if there is a mortgage over the land which is the subject of the transaction, the particulars specified in Schedule 1; and
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(c)particulars of any caveat lodged under the Transfer of Land Act 1958 in respect of the land which is the subject of the transaction—
and the purchaser has given notice under subsection (4) that he is satisfied with those particulars.
(4)Where the purchaser is satisfied—
(a)that the particulars provided under paragraphs (a) and (c) of subsection (3) are accurate; and
(b)that the particulars provided under paragraph (a) of subsection (3) indicate that the purchase price is sufficient to discharge all mortgages over the property—
he shall give the vendor notice in writing to that effect within 28 days of receiving the particulars.
(5)A notice in writing under subsection (4) stating that the purchaser is satisfied with the particulars shall be deemed to be the authorization required by subsections (1) (2) and (3).
(6)Where the purchaser is not satisfied with the particulars he shall within 28 days of receiving them give notice in writing stating that he is not satisfied with the particulars and giving the reasons why he is not satisfied.
(7)Where the purchaser fails to give a notice under either subsection (4) or (6) within the time limited by the subsection he shall—
(a)be deemed to be satisfied with the particulars provided; and
(b)be deemed to have given the authorization required by subsection (1).
(8)Where a vendor knowingly or recklessly supplies false information to the purchaser regarding any particulars required to be given under subsection (3)—
(a)he shall be guilty of an offence against this Act and liable to a penalty of not more than 50 penalty units; and
(b)the purchaser shall be entitled to rescind the contract for the sale of the land and recover the deposit moneys.
(9)Where an estate agent is empowered to pay deposit moneys to the vendor pursuant to subsection (1) the estate agent may retain out of the deposit moneys an amount equal to the commission and any auction expenses that he is or will become entitled to and any other moneys that he is or will become entitled to by law in relation to the transaction.
(10)Notwithstanding section 2(1) of this Act, for the purposes of this section mortgage means a charge or lien on land for securing money or money's worth.
(11)This section shall not operate to authorize the release of deposit moneys which are being held by a legal practitioner, conveyancer or estate agent under section 9AA.
28Powers of purchaser where contract in contravention of this Division
(1)Where any contract for the sale of land contains provisions in contravention of this Division—
(a)those provisions shall be void and of no effect; and
(b)the contract shall be voidable by the purchaser at any time before completion and any person who has paid money under the contract shall be entitled to recover it.
(2)Notwithstanding paragraph (b) of subsection (1) the contract shall not be voidable by the purchaser if the Court is satisfied that the vendor has acted honestly and reasonably and ought fairly to be excused for the contravention and that the purchaser is substantially in as good a position as if all the relevant provisions of this Division had been complied with.
29Effect on terms contract deposit provisions
Nothing in this Division affects the operation of section 29O.
Division 4—Terms contracts
Subdivision 1—Introductory
29AWhat is a terms contract?
(1)For the purposes of this Act a contract is a terms contract if it is an executory contract for the sale and purchase of any land under which the purchaser is—
(a)obliged to make 2 or more payments (other than a deposit or final payment) to the vendor after the execution of the contract and before the purchaser is entitled to a conveyance or transfer of the land; or
(b)entitled to possession of the land or to the receipt of rents and profits before the purchaser becomes entitled to a conveyance or transfer of the land.
(1A)A payment made by a purchaser under a contract for the sale and purchase of any land following a default by the purchaser or agreed to by the purchaser and vendor in anticipation of a default by the purchaser does not count as a payment for the purpose of subsection (1)(a).
(2)In subsection (1)—
deposit means any part of the purchase price that the contract (including the contract as varied by written agreement between the parties after initial execution) specifies as being a deposit and provides must be paid, whether by one or more payments, within a specified period, not exceeding 60 days, after the execution of the contract;
final payment means a payment on the making of which the purchaser becomes entitled to a conveyance or transfer of the land.
Subdivision 2—Certain terms contracts prohibited
29ABDefinitions
In this Subdivision—
prescribed amount means the amount prescribed by the regulations for the purposes of this Subdivision;
sale price, in relation to a terms contract, means the price of the land that is specified in the contract, however expressed and including any amount of GST payable on the supply constituted by the sale of the land, less any discount or rebate that is specified in the contract, whether or not the discount or rebate is contingent.
29BWhich terms contracts are prohibited?
(1)A person must not sell, under a terms contract, land that is in an identified folio under the Transfer of Land Act 1958 or is not under the operation of that Act unless—
(a)at the date of the making of the contract, the person has a good safe holding and marketable title to the land; and
(b)the person—
(i)holds an estate in fee simple in the land; or
(ii)is, as mortgagee, entitled to an estate in fee simple in the land; or
(iii)is, as mortgagor, entitled in fee simple to the equity of redemption in the land; or
(iv)is empowered by or under an Act to deal with an estate in fee simple in the land.
(2)A person must not sell, under a terms contract, land that is under the Transfer of Land Act 1958 (other than land in an identified folio under that Act) unless, at the date of the making of the contract, the person is—
(a)the registered proprietor of the land; or
(b)presently entitled to become the registered proprietor of the land; or
(c)empowered by or under an Act to execute a registrable transfer of the land.
29CExceptions to prohibition
Section 29B does not prevent a person from selling land under a terms contract if—
(a)the person has first obtained the consent of an arbitrator to enter into the contract; or
(b)the contract is of a prescribed class and is entered into in accordance with the regulations.
29DWhen is a person presently entitled to become the registered proprietor?
(1)For the purposes of section 29B(2), a person is not presently entitled to become the registered proprietor of land unless the person is, at the date of making the relevant contract, entitled to be registered as proprietor under—
(a)one or more registrable instruments lodged in the Office of Titles; or
(b)one or more applications under Division 2 of Part IV of the Transfer of Land Act 1958 lodged in the Office of Titles.
(2)For the purposes of this section, an instrument or application that is, at the relevant time, lodged in the Office of Titles is deemed to be and always to have been registrable despite any defect in the instrument or application if—
(a)the instrument is registered or the application is granted without having been returned by the Registrar or withdrawn from the Office of Titles; or
(b)the Registrar certifies in writing that he or she is satisfied that the defect was not of a substantial nature and that it has been remedied.
29EMistakes or mis-statements as to description
(1)A failure to comply with section 29B in respect of land agreed to be sold under a terms contract because of a mistake or mis‑statement in the contract relating to the description, measurement or area of the land agreed to be sold is to be disregarded for the purposes of this Act unless
it is a material mistake or mis-statement.
(2)Any dispute as to whether a failure is to be disregarded under subsection (1) may be determined by an arbitrator.
(3)In this section material mistake or mis‑statement means a mistake or mis‑statement that would entitle the purchaser to be discharged from the contract irrespective of the provisions of this Act.
29EAAdditional prohibited terms contracts
A person must not knowingly sell any residential land (other than residential land that is agricultural land) under a terms contract where the sale price of the land is less than the prescribed amount.
Penalty:For a natural person, 240 penalty units or imprisonment for 2 years or both;
For a body corporate, 1200 penalty units.
29EBOffence to arrange, broker or induce certain terms contracts
(1)A person must not knowingly arrange or broker the sale of any residential land (other than residential land that is agricultural land) under a terms contract where the sale price of the land is less than the prescribed amount.
Penalty:For a natural person, 240 penalty units or imprisonment for 2 years or both;
For a body corporate, 1200 penalty units.
(2)A person must not knowingly induce another person to enter into a sale of any residential land (other than residential land that is agricultural land) under a terms contract where the sale price of the land is less than the prescribed amount.
Penalty:For a natural person, 240 penalty units or imprisonment for 2 years or both;
For a body corporate, 1200 penalty units.
29ECOffence to advertise certain terms contracts
A person must not knowingly advertise the sale of any residential land (other than residential land that is agricultural land) under a terms contract where the sale price of the land is less than the prescribed amount.
Penalty:For a natural person, 120 penalty units;
For a body corporate, 500 penalty units.
29FPurchaser may avoid prohibited terms contract
(1)Except where otherwise expressly provided, if a terms contract is entered into in contravention of this Act—
(a)the contract is voidable by the purchaser at any time before completion of the contract by giving a signed written notice to the vendor; and
(b)if the contract is avoided, a person is entitled to recover any money paid by that person under that contract.
(2)A terms contract is not voidable by the purchaser if a court is satisfied that—
(a)the vendor has acted honestly and reasonably and ought fairly to be excused for the contravention; and
(b)the purchaser is substantially in as good a position as if all the relevant provisions of this Act had been complied with.
(2A)Subsection (2) does not apply if the land that is the subject of the contract is residential land (other than residential land that is agricultural land), the sale price of which is less than the prescribed amount.
(3)Despite subsection (1), if a terms contract is entered into in contravention of this Act and is avoided by the purchaser before the completion of the contract, the purchaser is liable to pay a fair market rent for the period during which the purchaser was—
(a)in actual possession of the land; or
(b)entitled to the receipt of the rents and profits of the land.
29GCertain provisions of terms contract void
A provision in a terms contract or in any other document under which any right, conferred by this Act on the purchaser under the terms contract, is excluded, modified or restricted is void.
Subdivision 3—Transfer and mortgage back
29HPurchaser may call for a transfer on giving a mortgage back
(1)A purchaser under a terms contract who is not in default under the contract may require the vendor to convey or transfer the land to the purchaser freed and discharged from all mortgages.
(2)The power under subsection (1) may be exercised at any time after acceptance of title and before payment in full of the purchase money.
(3)A requirement under subsection (1) must be made by written notice served on the vendor.
(4)The power to require the vendor to convey or transfer land is conditional on the purchaser at the same time executing a mortgage or mortgages in favour of the vendor, or any other person the vendor requires, to secure the payment of all money that would have become payable by the purchaser under the contract if the mortgage had not been executed.
(5)If land sold under a terms contract is subject to a mortgage or mortgages and the terms and conditions of the mortgage or mortgages are not more onerous than the terms and conditions under the contract, the vendor may comply with a requirement under subsection (1) by transferring the land subject to the existing mortgage or mortgages.
(6)The power of the vendor under subsection (5) is conditional on the purchaser executing a mortgage to secure the amount that should be payable to the vendor having regard to the liabilities to be assumed by the purchaser under the existing mortgage or mortgages.
(7)This section applies to a terms contract entered into before or after the commencement of Part 6 of the Consumer Credit (Victoria) and Other Acts Amendment Act 2008.
29IWhat must the mortgage provide
(1)The mortgage required under section 29H to be executed must—
(a)contain all the powers and covenants on the part of the mortgagor that are usual in mortgages of land that is similar in kind to the land that is the subject of the relevant terms contract; and
(b)fully accord with and provide for observance of all obligations of the purchaser under the terms contract; and
(c)be prepared at the cost of the purchaser and registered under the Transfer of Land Act 1958.
(2)If, in compliance with a requirement made by a purchaser under section 29H, a mortgage is accepted, the mortgage is deemed to be a proper mortgage and to comply with subsections (1)(a) and (1)(b).
29JFailure of vendor to comply with requirement
(1)If a purchaser serves a notice on a vendor under section 29H and the vendor, without lawful excuse, fails to convey or transfer the land to the purchaser—
(a)the vendor is deemed to have breached a condition of the terms contract and the purchaser is entitled to all civil remedies for that breach; and
(b)the vendor is guilty of an offence and liable to a penalty of not more than 60 penalty units, in the case of a natural person or 300 penalty units, in the case of a body corporate.
(2)In this section a lawful excuse includes where the vendor disputes in good faith the purchaser's entitlement to serve the notice.
29KSubdivision to apply despite Trustee Act 1958 and other Acts
This Subdivision applies despite anything in the Trustee Act 1958 or in any other Act (other than the Charter of Human Rights and Responsibilities).
29LArbitrator may determine questions
Any question as to the sufficiency of any instrument of transfer, conveyance or mortgage submitted pursuant to this Subdivision is, in the absence of agreement between the parties, to be determined by an arbitrator.
Subdivision 4—Mortgages and terms contracts
29MRestrictions on sale of land
If land is subject to a mortgage, the mortgagor must not sell the land under a terms contract unless—
(a)the mortgage relates only to that land; and
(b)the contract expressly states that the land is subject to a mortgage; and
(c)the contract provides that the consideration for the sale of the land is to be satisfied, to the extent of any mortgage money owing at the date on which the purchaser is entitled to possession or receipt of the rents and profits of the land sold, by the purchaser assuming as from that date the obligations of the mortgagor under the mortgage; and
(d)the contract gives the particulars of the mortgage referred to in Schedule 1.
29NPurchaser may avoid contract
If a terms contract is entered into in contravention of section 29M—
(a)the contract is voidable by the purchaser at any time before the completion of the contract; and
(b)the vendor is guilty of an offence and liable to a penalty of not more than 60 penalty units, in the case of a natural person or 300 penalty units, in the case of a body corporate.
29OException if mortgage to be discharged
(1)Section 29M does not apply to the sale of land under a terms contract if the contract provides that—
(a)any mortgage affecting the land sold is
to be discharged as to that land before the purchaser becomes or on the purchaser becoming entitled under the contract to possession or to the receipt of the rents and profits; and
(b)the deposit and all other money payable under the contract (other than any money payable in excess of the amount required to discharge the mortgage) are to be paid to a legal practitioner, conveyancer or a licensed estate agent to be applied in or towards discharging the mortgage.
(2)If a terms contract provides for the matters in subsection (1) and the mortgage is not discharged within 90 days of the making of the contract and the purchaser is not in default under the contract—
(a)the contract is voidable by the purchaser at any time before the mortgage is discharged; and
(b)if the contract is avoided, the purchaser is entitled to recover all money paid under the contract.
29PLand subject to a terms contract not to be mortgaged by vendor
The vendor under a terms contract must not mortgage the land that is subject to the contract.
29QVendor may require purchaser to execute mortgage
(1)A vendor may, by written notice to the purchaser, require the purchaser—
In this Division—
2019 Actmeans the Sale of Land Amendment Act 2019.
54Residential off-the-plan contracts and sunset clauses
(1)On and after the commencement of section 12(1) of the 2019 Act, the amendments made to this Act by that subsection apply to a residential off-the-plan contract entered into before that commencement and in force immediately before that commencement.
(2)Despite subsection (1), the amendment of this Act by section 12(1) of the 2019 Act does not apply to any proceeding concerning the effect or operation of a sunset clause in a residential off-the-plan contract which is commenced before the commencement of that subsection.
(3)On and after the commencement of section 12(2) and (3) of the 2019 Act, the amendments made to this Act by those subsections apply to a residential off-the-plan contract entered into before that commencement and in force immediately before that commencement.
(4)Despite subsection (3), the amendment of this Act by section 12(2) and (3) of the 2019 Act does not apply to any proceeding concerning the effect or operation of a sunset clause in a residential off-the-plan contract which is commenced before the commencement of those subsections.
55Residential terms contracts
(1)In this section—
old residential terms contract means a terms contract for the sale of any residential land entered into before the commencement of section 20 of the 2019 Act and in force immediately before that commencement, that would, if it were entered into on or after that commencement, be a terms contract to which sections 29EA to 29EC apply.
(2)Despite the commencement of section 20 of the 2019 Act, the amendments made to this Act by sections 19, 20 and 21 of the 2019 Act do not apply to an old residential terms contract.
(3)A purchaser under an old residential terms contract may apply to a court or to VCAT to terminate the contract.
(4)In any proceeding on an application under subsection (3), the court or VCAT may order that the contract is terminated.
(5)The court or VCAT must not make an order under subsection (4) unless the court or VCAT is satisfied that—
(a)at the time the contract was entered into, there was a reasonable prospect that the purchaser would not be able to—
(i)make or, at any time, continue to make the payments required under the contract; or
(ii)obtain, on reasonable terms, the finance necessary to complete the contract; or
(b)the purchaser no longer occupies the land purchased under the contract because the purchaser could not afford the payments required under the contract.
(6)In addition to subsection (5), the court or VCAT must not make an order under subsection (4) unless the court or VCAT is satisfied that it is just and equitable for the contract to be terminated.
(7)In addition to an order made under subsection (4), in any proceeding on an application under subsection (3), the court or VCAT may make an order providing for all or any of the following—
(a)that the purchaser is relieved of any liability under the contract, including any liability for breach of any term or condition of the contract;
(b)that the vendor must repay to the purchaser the whole or any part of the payments made by the purchaser under the contract, except for a sum that represents fair market rent for any period for which the purchaser was—
(i)in actual possession of the land; or
(ii)entitled to the receipt of rents and profits of the land.
(8)The court or VCAT must not make an order under subsection (7) if the court or VCAT is satisfied that the order—
(a)would result in undue financial hardship for the vendor; or
(b)would otherwise not be just and equitable taking into account—
(i)all the circumstances of the matter; and
(ii)the nature and extent of any other person's or body's interest in the land.
56Rent-to-buy arrangements
(1)In this section—
old rent-to-buy arrangement means an arrangement entered into before the commencement of section 22 of the 2019 Act and in force immediately before that commencement, that would, if it were entered into on or after that commencement, be a rent‑to-buy arrangement to which Division 5 of Part I applies.
(2)Despite the commencement of section 22 of the 2019 Act, Division 5 of Part I as inserted by that section does not apply to an old rent-to-buy arrangement.
(3)A purchaser under an old rent-to-buy arrangement may apply to a court or to VCAT to terminate any contract that is part of the arrangement.
(4)In any proceeding on an application under subsection (3), the court or VCAT may order that any contract that is part of the arrangement is terminated.
(5)The court or VCAT must not make an order under subsection (4) unless the court or VCAT is satisfied that—
(a)at the time the contract was entered into, there was a reasonable prospect that the purchaser would not be able to—
(i)make or, at any time, continue to make the payments required under the contract; or
(ii)obtain, on reasonable terms, the finance necessary to complete the contract; or
(b)the purchaser no longer occupies the land purchased under the contract because the purchaser could not afford the payments required under the contract.
(6)In addition to subsection (5), the court or VCAT must not make an order under subsection (4) unless the court or VCAT is satisfied that it is just and equitable for the contract to be terminated.
(7)In addition to an order made under subsection (4), in any proceeding on an application under subsection (3), the court or VCAT may make an order providing for all or any of the following—
(a)that the purchaser is relieved of any liability under the contract, including any liability for breach of any term or condition of the contract;
(b)that the vendor must repay to the purchaser the whole or any part of the payments made by the purchaser under the contract, except for a sum that represents fair market rent for any period for which the purchaser was in possession of the land.
(8)The court or VCAT must not make an order under subsection (7) if the court or VCAT is satisfied that the order—
(a)would result in undue financial hardship for the vendor; or
(b)would otherwise not be just and equitable taking into account—
(i)all the circumstances of the matter; and
(ii)the nature and extent of any other person's or body's interest in the land.
57Options to purchase
Despite the commencement of section 22 of the 2019 Act, Division 6 of Part I as inserted by that section does not apply to any money paid in respect of an option to purchase land under a land banking scheme entered into before that commencement.
58Apportionment of amounts under contracts of sale of land
(1)Section 10G does not apply to a contract of sale of land entered into before 1 January 2024.
(2)Section 10H does not apply to any of the following—
(a)a contract of sale of land entered into before 1 January 2024;
(b)an option to enter into a contract of sale of land granted before 1 January 2024;
(c)a contract of sale of land entered into on or after 1 January 2024 under the exercise of an option that was granted before 1 January 2024.
SCHEDULES
SCHEDULE 1—PARTICULARS OF MORTGAGE
Particulars to be Supplied When Land Sold Subject to a Mortgage.
(a) The amount secured by the mortgage is
(b) The mortgage 1 does not provide for further advances by the mortgagee.
1 provides for further advances as follows:2
(c) The rate of interest presently payable under the mortgage is
(d) Subject to compliance with the terms and conditions of the mortgage the amount secured by the mortgage is to be repaid by the day of 20 .;
(e) Instalments under the mortgage must be made as follows: 3
Amount at intervals.
(f) The vendor is 1 not in default under the mortgage.
1 in default under the mortgage in the following respects:(g) At the date of giving these particulars, the amount required to discharge the mortgage is;
(h) The mortgagee's name and address are as follows:
Name:
Address:
(i) (to be completed if the contract is a terms contract and the consideration is to be satisfied in part by the purchaser assuming the obligations of the mortgagor)—
the mortgagee—
1 has consented to the purchaser assuming the mortgagor's obligations under the mortgage—
1 has not consented to the purchaser assuming the mortgagor's obligations under the mortgage.
4
1 As the case requires.
2 Insert summary of relevant provisions.
3 Not required if mortgage does not provide for repayment by instalments.
4 Give details of defaults.
SCHEDULE 2—DETAILS OF COST OF VENDOR FINANCE
| Deposit payable | $ |
| Balance of purchase money including total interest but less deposit | $ |
| Final payment when periodical payments completed | $ |
| Purchase price excluding total interest and deposit if shown in contract | $ |
| Lowest price at which land may be bought for cash where contract does not show purchase price less interest and deposit | $ |
| Number of repayments | No. |
| Amount of each repayment | $ *5 |
| When repayments due | Date |
| Annual percentage interest rate | % *1 |
| Whether variable | Yes/No *2 |
| Total interest payable | $ |
| Charge for late payment | $ |
NOTES:
*1. The annual percentage rate is the percentage rate which, as applied to the daily unpaid balance of purchase money excluding interest (if shown in the contract) or, if that is not shown in the contract, the lowest cash price at which the land might be bought, will yield the amount equal to the total interest.
*2. Delete where inapplicable.
3.If the interest rate is variable the amount in the Schedule should be calculated as if the rate did not vary.
4. Amounts in the Schedule must be calculated as if all payments were made as and when they fall due, but the penalty for late payment must still be shown.
*5. If the payments vary in amount, specify the amount of each repayment.
═══════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Sale of Land Act 1962 was assented to on 18 December 1962 and came into operation as follows:
Part 2 (sections 23–25) on 1 March 1963: Government Gazette 13 February 1963 page 263; sections 9, 27, 28 on 1 March 1963: Government Gazette 20 February 1963 page 307; rest of Act on 1 June 1963: Government Gazette 20 February 1963 page 307.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Sale of Land Act 1962 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Sale of Land (Amendment) Act 1963, No. 7052/1963
Assent Date: 26.11.63 Commencement Date: 26.11.63 CurrentState: All of Act in operation
Public Lands and Works Act 1964, No. 7228/1964
Assent Date: 15.12.64 Commencement Date: 15.3.65: Government Gazette 11.3.65 p. 557 CurrentState: All of Act in operation
Sale of Land Act 1965, No. 7272/1965
Assent Date: 1.6.65 Commencement Date: 1.9.65: Government Gazette 21.7.65 p. 2314 CurrentState: All of Act in operation
Statute Law Revision Act 1965, No. 7332/1965
Assent Date: 14.12.65 Commencement Date: 14.12.65 CurrentState: All of Act in operation
Sale of Land (Amendment) Act 1969, No. 7898/1969
Assent Date: 9.12.69 Commencement Date: 1.3.70: Government Gazette 19.12.69 p. 4134 CurrentState: All of Act in operation
Local Government (Further Amendment) Act 1971, No. 8149/1971
Assent Date: 4.5.71 Commencement Date: S. 25(1) on 1.10.72: Government Gazette 27.9.72
p. 3198CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Cluster Titles Act 1974, No. 8661/1974
Assent Date: 20.12.74 Commencement Date: Ss 40, 41 on 15.8.75: Government Gazette 13.8.75
p. 2926; rest of Act on 1.10.75: Government Gazette 10.9.75 p. 3253CurrentState: All of Act in operation
Cluster Titles (Amendment) Act 1978, No. 9128/1978
Assent Date: 23.5.78 Commencement Date: 1.7.78: Government Gazette 14.6.78 p. 1644 CurrentState: All of Act in operation
Sale of Land (Deposits) Act 1980, No. 9423/1980
Assent Date: 20.5.80 Commencement Date: 1.8.80: Government Gazette 2.7.80 p. 2256 CurrentState: All of Act in operation
Statute Law Revision Act 1980, No. 9427/1980
Assent Date: 27.5.80 Commencement Date: 27.5.80: subject to s. 6(2) CurrentState: All of Act in operation
Estate Agents Act 1980, No. 9428/1980
Assent Date: 27.5.80 Commencement Date: S. 3(1)(Sch.) on 30.6.81: Government Gazette 17.6.81 p. 1902 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Sale of Land (Deposits Amendment) Act 1980, No. 9471/1980
Assent Date: 16.12.80 Commencement Date: 22.12.80: Government Gazette 17.12.80 p. 4271 CurrentState: All of Act in operation
Statute Law Revision Act 1981, No. 9549/1981
Assent Date: 19.5.81 Commencement Date: 19.5.81: subject to s. 2(2) CurrentState: All of Act in operation
Sale of Land (Deposits) Act 1981, No. 9688/1981
Assent Date: 5.1.82 Commencement Date: 5.1.82 CurrentState: All of Act in operation
Building Control Act 1981, No. 9720/1981
Assent Date: 12.1.82 Commencement Date: S. 3(2)(Sch. item 90) on 2.8.82: Government Gazette 28.4.82 p. 1174 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Sale of Land (Amendment) Act 1982, No. 9858/1982
Assent Date: 5.1.83 Commencement Date: 2.5.83: Government Gazette 8.4.83 p. 753 CurrentState: All of Act in operation
Statute Law Revision Act 1984, No. 10087/1984
Assent Date: 22.5.84 Commencement Date: 22.5.84: s. 3(2) CurrentState: All of Act in operation
Sale of Land (Allotments) Act 1985, No. 10216/1985
Assent Date: 3.12.85 Commencement Date: 1.1.86: Government Gazette 18.12.85 p. 4697 CurrentState: All of Act in operation
Supreme Court Act 1986, No. 110/1986
Assent Date: 16.12.86 Commencement Date: 1.1.87: s. 2 CurrentState: All of Act in operation
Land Acquisition and Compensation Act 1986, No. 121/1986
Assent Date: 23.12.86 Commencement Date: 29.11.87: Government Gazette 25.11.87 p. 3224 CurrentState: All of Act in operation
House Contracts Guarantee Act 1987, No. 44/1987
Assent Date: 19.5.87 Commencement Date: S. 36 on 1.5.88: Government Gazette 30.3.88 p. 752 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Planning and Environment Act 1987, No. 45/1987
Assent Date: 27.5.87 Commencement Date: S. 205(Sch. item 123) on 16.2.88: Government Gazette 10.2.88 p. 218 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Subdivision Act 1988, No. 53/1988 (as amended by Nos 18/1989, 47/1989)
Assent Date: 31.5.88 Commencement Date: 30.10.89: Government Gazette 4.10.89 p. 2532 CurrentState: All of Act in operation
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date: 16.5.89 Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488 CurrentState: All of Act in operation
Sale of Land (Amendment) Act 1989, No. 42/1989
Assent Date: 6.6.89 Commencement Date: 30.10.89: Government Gazette 25.10.89 p. 2698 CurrentState: All of Act in operation
Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991
Assent Date: 25.6.91 Commencement Date: Ss 38(2)(f)(3), 56(2)(3), 65 on 30.10.89: s. 2(2); rest of Act (except ss 50, 53(5), 57) on 25.6.91: s. 2(4); s. 53(5) on 1.10.92: s. 2(1); ss 50, 57 on 3.2.92: i.e. same day as Act No. 18/1989 CurrentState: All of Act in operation
Agricultural and Veterinary Chemicals (Control of Use) Act 1992, No. 46/1992 (as amended by No. 73/1994)
Assent Date: 23.6.92 Commencement Date: S. 78(3) on 20.12.95: Government Gazette 14.12.95
p. 3489CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Subdivision (Amendment) Act 1993, No. 57/1993
Assent Date: 8.6.93 Commencement Date: S. 17(4) on 30.10.89: s. 2(1); rest of Act on 8.6.93:
s. 2(2)CurrentState: All of Act in operation
Building Act 1993, No. 126/1993
Assent Date: 14.12.93 Commencement Date: S. 264(Sch. 5 item 19) on 1.7.94: Special Gazette
(No. 42) 1.7.94 p. 1CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Subordinate Legislation Act 1994, No. 104/1994
Assent Date: 13.12.94 Commencement Date: 1.1.95: s. 2 CurrentState: All of Act in operation
Constitution (Court of Appeal) Act 1994, No. 109/1994
Assent Date: 20.12.94 Commencement Date: Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 CurrentState: All of Act in operation
Water Industry Act 1994, No. 121/1994
Assent Date: 20.12.94 Commencement Date: Ss 1, 2 on 20.12.94: s. 2(1); rest of Act on 1.1.95: Special Gazette (No. 105) 23.12.94 p. 1 CurrentState: All of Act in operation
Legal Practice Act 1996, No. 35/1996
Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 items 73.1–73.11) on 1.1.97: s. 2(3) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Building (Further Amendment) Act 1997, No. 34/1997
Assent Date: 3.6.97 Commencement Date: S. 31 on 1.8.97: Special Gazette (No. 84) 29.7.97 p. 1. CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 53) on 1.1.99: s. 2(3) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999
Assent Date: 18.5.99 Commencement Date: S. 45 on 1.9.99: Government Gazette 19.8.99 p. 1901 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 112) on 22.11.00: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001
Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 67) on 1.6.01: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
House Contracts Guarantee (HIH) Act 2001, No. 26/2001
Assent Date: 7.6.01 Commencement Date: S. 17 on 8.6.01: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
Assent Date: 12.6.01 Commencement Date: S. 3(Sch. 1 item 12) on 28.6.01: Government Gazette 28.6.01 p. 1428 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 58) on 24.4.02: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Agriculture Legislation (Amendments and Repeals) Act 2002, No. 44/2002
Assent Date: 22.10.02 Commencement Date: Ss 30, 31 on 20.3.03: Government Gazette 13.3.03 p. 418 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Estate Agents and Sale of Land Acts (Amendment) Act 2003, No. 41/2003
Assent Date: 11.6.03 Commencement Date: Ss 3–5 on 1.2.04: Government Gazette 29.1.04 p. 179 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004
Assent Date: 21.12.04 Commencement Date: Ss 68–71 on 22.12.04: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Statute Law Revision Act 2005, No. 10/2005
Assent Date: 27.4.05 Commencement Date: S. 3(Sch. 1 item 18) on 28.4.05: s. 2 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 94) on 12.12.05: Government Gazette 1.12.05 p. 2781 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Owners Corporations Act 2006, No. 69/2006
Assent Date: 19.9.06 Commencement Date: Ss 217–219 on 31.12.07: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Conveyancers Act 2006, No. 75/2006 (as amended by No. 17/2007)
Assent Date: 10.10.06 Commencement Date: S. 192(Sch. 2 item 5) on 1.7.08: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Water (Governance) Act 2006, No. 85/2006
Assent Date: 17.10.06 Commencement Date: S. 173(Sch. 1 item 12) on 1.7.07: s. 2(3) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007
Assent Date: 29.5.07 Commencement Date: S. 36(Sch. item 13) on 30.5.07: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008
Assent Date: 11.2.08 Commencement Date: S. 60(Sch. item 12) on 12.2.08: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Consumer Credit (Victoria) and Other Acts Amendment Act 2008, No. 6/2008
Assent Date: 18.3.08 Commencement Date: Ss 29–35 on 31.10.08: Government Gazette 30.10.08 p. 2530 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Relationships Act 2008, No. 12/2008
Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 54) on 1.12.08: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 107) on 1.1.10: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Consumer Affairs Legislation Amendment Act 2010, No. 1/2010
Assent Date: 9.2.10 Commencement Date: S. 75 on 1.3.10: Government Gazette 25.2.10 p. 351 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010
Assent Date: 1.6.10 Commencement Date: Ss 17, 18 on 1.7.10: Special Gazette (No. 242) 25.6.10 p. 1 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Climate Change Act 2010, No. 54/2010
Assent Date: 14.9.10 Commencement Date: S. 80 on 1.7.11: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010 (as amended by Nos 29/2011, 56/2012)
Assent Date: 28.9.10 Commencement Date: Ss 58, 66 on 1.11.10: Government Gazette 14.10.10 p. 2404; ss 57(1)(3)–(5), 59, 60 on 1.3.12: Special Gazette (No. 423) 21.12.11 p. 1; s. 57(2) on 1.12.12: s. 2(4) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010
Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 21) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Sale of Land Act 1962
Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011, No. 31/2011
Assent Date: 29.6.11 Commencement Date: S. 29 on 30.6.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Australian Consumer Law and Fair Trading Act 2012, No. 21/2012
Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 40) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Police and Emergency Management Legislation Amendment Act 2012, No. 35/2012
Assent Date: 13.6.12 Commencement Date: S. 10 on 31.7.13: s. 2(5) Current State: This information relates only to the provision/s amending the Sale of Land Act 1962
Residential Tenancies and Other Consumer Acts Amendment Act 2012, No. 56/2012
Assent Date: 18.9.12 Commencement Date: S. 27 on 1.12.12: s. 2(4) Current State: This information relates only to the provision/s amending the Sale of Land Act 1962
Legal Profession Uniform Law Application Act 2014, No. 17/2014
Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 87) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 Current State: This information relates only to the provision/s amending the Sale of Land Act 1962
Sale of Land Amendment Act 2014, No. 33/2014
Assent Date: 13.5.14 Commencement Date: Ss 3–6 on 1.10.14: Special Gazette (No. 282) 26.8.14 p. 1 Current State: This information relates only to the provision/s amending the Sale of Land Act 1962
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 148) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Sale of Land Act 1962
Consumer Affairs Legislation Amendment Act 2014, No. 50/2014
Assent Date: 12.8.14 Commencement Date: S. 28 on 13.8.14: s. 2(1) Current State: This information relates only to the provision/s amending the Sale of Land Act 1962
Veterans and Other Acts Amendment Act 2015, No. 12/2015
Assent Date: 21.4.15 Commencement Date: Ss 7, 21(Sch. 1 item 9) on 22.4.15: s. 2(1) Current State: This information relates only to the provision/s amending the Sale of Land Act 1962
Consumer Acts and Other Acts Amendment Act 2016, No. 23/2016
Assent Date: 10.5.16 Commencement Date: Ss 34, 35 on 1.6.16: Special Gazette (No. 162) 24.5.16 p. 1 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Consumer Acts Amendment Act 2017, No. 13/2017
Assent Date: 10.5.17 Commencement Date: Ss 19–21 on 11.5.17: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Building Amendment (Registration of Building Trades and Other Matters) Act 2018, No. 46/2018
Assent Date: 25.9.18 Commencement Date: S. 78 on 26.9.18: s. 2(1) Current State: This information relates only to the provision/s amending the Sale of Land Act 1962
Sale of Land Amendment Act 2019, No. 14/2019
Assent Date: 4.6.19 Commencement Date: Ss 4(1), 12(1), 25, 26 on 23.8.18: s. 2(2); ss 5–11, 12(2)(3), 27 on 5.6.19: s. 2(3); ss 4(2), 13–24, 28 on 1.3.20: s. 2(5) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, No. 40/2022
Assent Date: 6.9.22 Commencement Date: S. 58 on 7.9.22: s. 2(2) Current State: This information relates only to the provision/s amending the Sale of Land Act 1962
Building Legislation Amendment Act 2023, No. 11/2023
Assent Date: 6.6.23 Commencement Date: S. 56 on 1.2.24: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
State Taxation Acts and Other Acts Amendment Act 2023, No. 38/2023
Assent Date: 12.12.23 Commencement Date: Ss 16, 16A on 1.1.24: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Regulatory Legislation Amendment (Reform) Act 2024, No. 6/2024
Assent Date: 5.3.24 Commencement Date: S. 106 on 6.3.24: s. 2(1) Current State: This information relates only to the provision/s amending the Sale of Land Act 1962
Commercial and Industrial Property Tax Reform Act 2024, No. 16/2024
Assent Date: 21.5.24 Commencement Date: Ss 62, 63 on 1.7.24: s. 2 CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
State Taxation Further Amendment Act 2024, No. 50/2024
Assent Date: 3.12.24 Commencement Date: Ss 46–48 on 4.12.24: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, No. 6/2025
Assent Date: 18.3.25 Commencement Date: S. 117 on 25.11.25: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sale of Land Act 1962
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3 Explanatory details
[1] S. 23 def. of commission: See section 4 of the Estate Agents Act 1980, No. 9428.
[2]
Pt 2 Div. 2 (Heading and ss 32, 33): Pt 2 Div. 2 (Heading and ss 32, 33) amended by Nos 9858 s. 3, 10216 s. 8, 121/1986 s. 112, 44/1987 s. 36(1), 53/1988 s. 45(Sch. 2 items 67–69) (as amended by No. 47/1989 ss 8(1)(e), 22(d)), 18/1989 s. 13(Sch. 2 item 76(f)), 42/1989 ss 4(d), 5(1)(b)–(g), 48/1991 s. 54, 46/1992 s. 78(3) (as amended by No. 73/1994 s. 56(1)(d)), 57/1993 s. 18, 126/1993 s. 264(Sch. 5 item 19), 121/1994 s. 210(1), 35/1996 s. 453(Sch. 1 item 73.10), 34/1997 s. 31, 26/2001 s. 17, 27/2001 s. 3(Sch. 1 item 12.3), 44/2002 s. 30, 41/2003 s. 5(1), 103/2004 s. 69, 10/2005
s. 3(Sch. 1 item 18), 69/2006 s. 219, 6/2008 s. 34, 23/2010 s. 17, 54/2010 s. 80, 31/2011 s. 29, 35/2012 s. 10, substituted as Pt 2 Div. 2 (Heading and
ss 32–32P) by No. 33/2014 s. 4.
0
0
0