Transfer of Land Act 1958 (Vic)

Version No. 184

Transfer of Land Act 1958

No. 6399 of 1958

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

3Application of other laws etc.

4Definitions

Part I—The Office of Titles

5Registrar of Titles

6Certain signatures to be judicially noticed

Part II—Bringing land under the Act

Division 1—General

8Land granted by Crown to be subject to this Act

9Bringing land under the Act

10Who may bring land under this Act?

11Leased land may be brought under the Act

Division 2—On legal practitioner's certificate

12Choice of conversion schemes

14Application (non-survey) conversion scheme

15Application (survey) conversion scheme

16Legal practitioner's certificate

17Act to apply to conversion scheme land

18Power of Registrar to create folio for conversion scheme land and require assurance contribution

19In whose name title to issue

20Removal of warning relating to subsisting interests

21Removal of warnings relating to title

Division 3—Without legal practitioner's certificate

22Lodgment of specified dealing

23Application for creation of provisional folio

24Creation of provisional folio

25Warning as to subsisting interests

26Warning as to title dimensions

26AIn whose name provisional folio created

26BLodgment of competing interest

26CRemoval of warning as to subsisting interests—general

26ECreation of identified folio

26FRecording of interests on identified folio

26GEffect of recording of interest on identified folio

26HInterests in identified folio subject to subsisting interests

26IPriority of interests

Division 4—General provisions applying to conversion under this Part

26JSearch of title

26KWarnings on provisional folios

26LLand in a provisional folio cannot be subdivided or consolidated

26MMortgages

26NNotice of creation of ordinary folio or provisional folio for land in identified folio

26ONotice of creation of folio under Division 2 for land in provisional folio created under Division 3

26PRemoval of warning relating to title dimensions

26QNotice of creation of folio or removal of warning

26RCaveats

26SRegistrar's discretions

26TDocuments lodged in support of application

26UNotice of creation of folio

26VRecording of instruments affecting land

26WRequirement to Registrar to bring land under this Act

26XRegistrar may bring land under this Act

26YProvisional folio becomes ordinary folio after 15 years

Part III—The Register

27Register of land

27ARecordings in the Register

27ABVerification of identity

27BCertificates of title

27BAADeclaration voiding certificates of title

27BAPower not to destroy certain certificates of title

27CRecord of dealings

27DEvidence

27FConstruction of references

27GRecord of plans

28Creation of folio of the Register

29Registration of grants and certificates

30Joint proprietors

31Lost grant or certificate etc.

32Issue of new certificate of title

33Instruments when registered

34Instruments entitled to priority according to date of lodgment for registration

34ADealings may be registered together

37Entry of trusts in Register

38Grants and certificates endorsed "no survivorship"

39Dealings registered prior to issue of Crown grant

Effect of registration

40Instruments not effectual until registered

41Certificate to be conclusive evidence of title

42Estate of registered proprietor paramount

43Persons dealing with registered proprietor not affected by notice

44Certificate etc. void for fraud

Part IIIB—Registry instruments

44OPowers of Registrar

44PDuty of Registrar in relation to priority of registry instruments

44QELN malfunction

44REvidence of registry instruments

44SElectronic certification of registry instrument

Part IV—Registration of dealings with land

Division 1—Transfers

45Form of transfer

46Transfer to include right to sue

47Power to Registrar to make a vesting order in cases of completed purchase

Division 2—Transmissions

49Registration of personal representatives

50Registration of survivor of joint proprietors of fee simple lease mortgage etc.

51Registration of trustee of bankrupt

Division 3—Sales by sheriff etc.

52Sale under writ of fieri facias or decree of Supreme Court etc.

Division 4—Acquisition by statute, order of Court etc.

53Acquiring authority

54Issue of certificates of title in respect of lands vested in acquiring authority

55Registrar to make necessary cancellations entries etc.

56Acquiring authority to be responsible to persons injured by issue of certificate etc.

57Notice to be given to Registrar of intention to acquire land compulsorily

58Registrar to give effect to order vesting trust estate

59Application to become registered proprietor by person who land is vested in by Act or court order

59AAmendment of Register to reflect successor at law

Division 5—Acquisition by possession

60Application for order by person claiming title by possession

61Caveat

62Power to make vesting order

Division 7—Leases

66Leases

67Covenants to be implied in leases

67AVariation of registered leases

68Foreclosure or surrender of mortgaged lease where lessee is bankrupt

69Surrender of lease

70Recovery of possession by lessors and determination of leases to be entered in Register

71Sub-leases

Division 8—Easements

72Notification of easements in Register

73Removal of easement etc.

73AAbandonment of easement of right of way

73BRight of carriageway

Division 9—Mortgages and annuities

74Creation and nature of mortgages and charges

75Covenants to be implied in every mortgage

75AVariation of registered mortgage

75BVariation of priority of mortgages and charges

76Procedure in case of default in payment of moneys secured

77Power of sale under a mortgage or charge

78Power to mortgagee or annuitant to enter into possession or bring ejectment

79Foreclosure

81Other rights etc. of first mortgagee

82Application of moneys obtained from actions by the mortgagor

83Application of moneys obtained in proceedings by a mortgagee

84Discharge of mortgages and annuities

85Mortgage money payable to Treasurer if mortgagee absent from Victoria and mortgage discharged

86First mortgagee to produce certificate of title for registration of subsequent instrument

87Puisne mortgagee may tender payment

87AMortgagee to verify identity of mortgagor for execution of mortgage or variation of mortgage

87BTransfer of mortgage—transferee to confirm, or verify, identity of mortgagor

87CMortgagee or annuitant consent required for lease, easement or restrictive covenant

87DRegistered proprietor in case of fraudulent mortgage

87EAmount recoverable by mortgagee under section 77 in case of fraudulent mortgage

Division 10—Restrictive covenants, charges etc.

88Notification of restrictive covenants

Division 11—Mortgagee or annuitant may apply for removal or reinstatement of a lease, easement or restrictive covenant

88AMortgagee or annuitant may apply for removal or reinstatement of lease if no consent

88BMortgagee or annuitant may apply for removal, or removal of a variation, of easement or restrictive covenant if no consent

Part V—Incidental provisions

Division 1—Caveats against dealings

89Caveats temporarily forbidding dealings with lands

89ARemoval of caveat on application to Registrar

90Except in certain cases caveat to lapse after thirty days notice given to caveator

91No entry to be made in Register affecting land in respect of which caveat in force

Division 1A—Recorded common provisions

91ARecording of common provisions

91BIncorporation of common provisions

Division 1B—Priority notices

91CPriority notice

91DLodgement of priority notice

91EInstruments lodged after priority notice

91FCertain instruments not affected by priority notice

91FAExtension of priority notice

91GExpiry or withdrawal of priority notice

91HInstrument lodged must match instrument described in any applicable priority notice

91IProceedings may be brought by a person adversely affected by priority notice

91JCompensation for lodging priority notice without reasonable cause

Division 2A—Client authorisation

91KClient authorisations

91LEffect of client authorisation

Division 2B—Signatures

91MReliance on, and repudiation of, signatures

Division 3—Powers of attorney

94Powers of attorney and revocation thereof

Division 4—Surveys and subdivisions

95Requirements as to surveys

96Abuttals used in description of land

97Requirements as to plans of subdivision etc.

97AApplication for approval of plan of consolidation

98Easements arising from plan of subdivision

98AAs to relationship between title to stratum estate and shares in service company etc.

98BRestriction on amendment of memorandum articles or rules affecting shares in service company

98CRegistration of service agreement

98CAConversion of building subdivisions

98CBProcedure if Registrar is satisfied that plan is suitable for registration

98CCCancellation of plan of building subdivision and registration of the plan of subdivision

98CDEffect of registration of plan of subdivision

98CEPower of courts to consent or dispense

98CFSpecial provisions

Division 4A—Share interests

98DIssue of certificates of title for share interests

Division 5—Amendment of the Register etc.

99Application by proprietor for amendment of Register

100Caveats

101Grant of application

102Adjustment of discrepancies in boundaries

103General provision as to correction of errors etc.

Division 6—General powers of Registrar

104Registrar may require documents and information

105Registrar to refuse registration if documents or evidence not supplied

106Powers of Registrar

106ARegistrar's requirements for conveyancing transactions

106BNotice of a statutory charge

106CApplication to Registrar under other Act

Part VI—General

Division 1—Financial

107Application of fees and penalties

108Assurance contributions

108AWithdrawal, refusal or rejection of applications etc.

109Application of Consolidated Fund

110Entitlement to indemnity

111Application to Registrar for indemnity without bringing action

Division 2—Miscellaneous

112Implied covenants and powers

113Service of notices

114Inspection of Register and record of dealings

114ADestruction of unwanted documents

115Registrar to deal with lodging party

116Summoning Registrar to show cause

116AApplication to Court for order requiring production of document

117Officers not to be liable for acts done bona fide

118Compensation for lodging caveat without reasonable cause

119Offences and penalties

120Regulations

121Approved forms

122Information required by other authorities

Part VII—Transitional

123Mortgages under general law deemed to be mortgages under this Act

124Limited folios and qualified folios

125Search of title

126Reconstruction of references to Registrar-General

127Duplicate Crown grants for Crown leases

128Contracts entered into before amendment of Seventh Schedule

129Creation of certificate of title—transitional provision

130Contracts referring to Table A—transitional provision

131Transitional Provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009

Schedules

Fifth Schedule

Schedule 5A

Twelfth Schedule—Right of carriage-way

Fifteenth Schedule—Covenant in mortgage to insure

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 184

Transfer of Land Act 1958

No. 6399 of 1958

Version incorporating amendments as at

22 October 2025

An Act to consolidate the Law relating to the Simplification of the Title to and the Dealing with Estates and Interests in Land.

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

This Act may be cited as the Transfer of Land Act 1958 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

*                *                *                *                *

3Application of other laws etc.

(1)Except so far as is expressly enacted to the contrary no Act or rule of law, so far as inconsistent with this Act, shall apply or be deemed to apply to land under the operation of this Act; but save as aforesaid any Act or rule of law relating to land, unless otherwise expressly or by necessary implication provided by this or any other Act, shall apply to land under the operation of this Act whether expressed so to apply or not.

(2)Save as otherwise expressly provided, Part I of the Property Law Act 1958 does not apply to land which is under the operation of this Act.

(3)This Act applies to and in relation to the Crown, whether in right of the State or of the Commonwealth.

(4)This Act as amended by sections 5, 7, 8, 9, 10 and 12 of the Transfer of Land (Computer Register) Act 1989 applies to matters, circumstances and things existing or arising before, on or after the date of commencement of this subsection.

4Definitions

(1)In this Act unless inconsistent with the context or subject-matter—

administrative notice means a notice in the approved form;

*                *                *                *                *

annuity means a sum of money payable periodically and charged on land under the operation of this Act by an instrument of charge;

approved form means, subject to section 121, a form approved by the Registrar for the purposes of the provision in which the expression appears;

approved or registered in relation to a plan, means approved or registered by the Registrar under any Act;

*                *                *                *                *

authorised representative means a person who—

(a)is entitled to conduct a conveyancing transaction in accordance with the law of this State; and

(b)is representing a party to a conveyancing transaction; and

(c)has entered into a client authorisation with that party in accordance with Division 2A of Part V;

*                *                *                *                *

building subdivision means—

(a)the subdivision of a building or buildings in accordance with a plan of subdivision approved by the Registrar pursuant to this Act; or

(b)a strata subdivision of land a plan of which has been approved by the Registrar pursuant to this Act;

client authorisation has the meaning given by section 91K;

*                *                *                *                *

*                *                *                *                *

conversion scheme means a procedure for bringing land under this Act set out in section 14 or 15;

conveyancer means a licensee under the Conveyancers Act 2006;

conveyancing transaction has the same meaning as it has in the Electronic Conveyancing National Law (Victoria);

court means court of competent jurisdiction;

Crown grant means the grant by His Majesty of land whether in fee or for years;

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

ELN means ELN within the meaning of the Electronic Conveyancing National Law (Victoria);

encumbrance in respect of any land includes any estate interest mortgage charge right claim or demand which is or may be had made or set up in to upon or in respect of the land;

entitled person means a person who is entitled under section 10 to have land brought under this Act;

folio of the Register means a folio of the Register under section 27;

grantor in relation to an annuity means the proprietor of land charged with the payment of an annuity;

identified folio means a folio of the Register created pursuant to section 26E;

instrument includes every document registered or capable of registration under this Act or in respect of which any recording is, by this Act or any other Act, directed, required or permitted to be made in the Register, and a plan within the meaning of the Subdivision Act 1988, where the context permits;

land includes any estate or interest in land but does not include—

(a)an interest in land arising under the Mineral Resources (Sustainable Development) Act 1990; or

(b)a carbon sequestration right or soil carbon right granted in relation to Crown land under a Carbon Sequestration Agreement within the meaning of the Climate Change Act 2010;

legal practitioner means an Australian legal practitioner;

legal practitioner's certificate means a certificate under section 16;

licensed surveyor has the same meaning as in the Surveying Act 2004;

*                *                *                *                *

*                *                *                *                *

ordinary folio means a folio of the Register that is not a provisional folio or an identified folio;

*                *                *                *                *

*                *                *                *                *

priority notice means a notice described in section 91C;

proprietor means any person seised or possessed of or entitled to any estate or interest in land and includes any person who is the donee of a power to appoint or dispose thereof;

provisional folio means a folio of the Register on which there is recorded—

(a)a warning in the form of Part III of the Fifth Schedule; or

(b)a warning in the form of Part IV of the Fifth Schedule; or

(c)a warning in the form of Part III of the Fifth Schedule and a warning in the form of Part IV of the Fifth Schedule; or

(d)a warning in the form of Part IV of the Fifth Schedule and a warning in the form of Part V of the Fifth Schedule; or

(e)a warning in the form of Part V of the Fifth Schedule;

*                *                *                *                *

record of dealings means the record of dealings under section 27C;

*                *                *                *                *

*                *                *                *                *

Register means the Register of land kept under section 27;

registered proprietor means a person registered in the Register (other than on an identified folio) as the proprietor of any estate or interest in land;

Registrar means the Registrar of Titles under this Act and includes any Deputy Registrar of Titles and any Assistant Registrar of Titles;

registry instrument means instrument;

*                *                *                *                *

relevant person, in Division 2B of Part V, means a person who signs, or purports to sign, an instrument or other document in connection with a conveyancing transaction;

*                *                *                *                *

residual land means—

(a)in respect of a building subdivision other than a strata subdivision, all the land comprised in the subdivision which is not included in any of the several stratum estates; or

(b)in respect of a strata subdivision, so much of the land shown on a plan of strata subdivision as is for the time being described by legend or otherwise as common property.

*                *                *                *                *

*                *                *                *                *

search of title means a search under section 26J;

*                *                *                *                *

service agreement, in relation to a building subdivision, means an agreement entered into or to be entered into by the proprietor of a stratum estate in the subdivision and the service company as to their respective rights and obligations in relation to or in connexion with any of the purposes referred to in the interpretation of "service company";

service company, in respect of a building subdivision, means a company or other body corporate which was or is formed or incorporated or which operates or is intended to operate for the purpose of carrying out the common purposes of the proprietors of the several stratum estates in the subdivision including, without limiting the generality of the foregoing, the provision of common services, the maintenance repair and insurance against fire of the building or buildings as a whole and the control and maintenance of the residual land but does not include an owners corporation within the meaning of the Owners Corporations Act 2006;

sheriff includes the sheriff and any deputy sheriff or person appointed to execute any process of execution under any Act of the Victorian Parliament or of the Parliament of the Commonwealth of Australia;

*                *                *                *                *

specified dealing, in Part II, means—

(a)an instrument of transfer of land in an appropriate approved form; or

(b)a conveyance in fee simple of land; or

(c)a mortgage in fee simple of land; or

(d)a mortgage of the equity of redemption in land; or

(e)an assignment of a possessory interest in land (whether or not that land can be lawfully dealt with in accordance with section 8A of the Sale of Land Act 1962 without being subdivided)—

but does not include a reconveyance or a conveyance in the nature of a discharge of mortgage;

strata subdivision means a subdivision of land by sale transfer or partition into two or more units or into two or more units and common property whether or not any unit is on the same level as any other unit; and subdivide in strata has a corresponding meaning;

stratum means a part of land consisting of a space of any shape below, on, or above the surface of the land, or partly below and partly above the surface of the land, all the dimensions of which are limited; and "strata" is the plural of "stratum";

stratum estate means—

(a)an estate in fee-simple in an allotment in a building subdivision above or below or between certain levels such allotment being a part of a building or parts of a building or buildings (together with any land surrounding or adjacent thereto) intended for separate occupation; or

(b)an estate in fee-simple in a unit;

subscriber has the same meaning as it has in the Electronic Conveyancing National Law (Victoria);

subsisting interest, in Part II, in relation to land, means—

(a)an estate or interest in land that was in existence at the date on which a provisional folio or identified folio of the Register was first created for the land under Division 3 of that Part; or

(b)any interest by prescription that was in existence or being acquired at that date;

survey has the same meaning as in the Surveying Act 2004;

*                *                *                *                *

transmission means the acquiring of any estate or interest in land consequent on the death will intestacy or bankruptcy of a registered proprietor;

unit means a stratum which is shown as a unit on a plan of strata subdivision approved by the Registrar pursuant to section 97 and includes a unit specified as an accessory unit on any such plan; and

accessory unit means a unit intended for separate ownership and use with any other unit or units as a garden, garage, car-parking space, storage space, swimming pool, laundry, stairway or passage, utility space, or for any other like purpose or partly for one and partly for any other like purpose.

(2)In and for the purposes of this Act unless inconsistent with the context or subject-matter any description of or reference to any person as proprietor transferor transferee mortgagor mortgagee annuitant grantor caveator lessor or lessee or as seised of or having or taking any estate or interest in land shall extend to his executors administrators successors transferees and assigns to the intent that every right power authority liability or obligation vested in or imposed on any such person by or under this Act shall devolve upon any such executor administrator successor transferee or assign.

PART I—THE OFFICE OF TITLES

5Registrar of Titles

(1)A Registrar of Titles may be employed under Part 3 of the Public Administration Act 2004 to have the charge and control of the Office of Titles and to carry out the duties and functions vested by or under this or any other Act in the Registrar of Titles.

(2)Any Deputy Registrars of Titles and any Assistant Registrars of Title and other employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.

(3)Anything by this or any other Act appointed or authorized or required to be done or signed or initialled by the Registrar may be done or signed or initialled by any such Deputy Registrar or Assistant Registrar and shall be as valid and effectual as if done or signed or initialled by the Registrar.

(4)Any reference to the Commissioner of Titles in any Act Order in Council regulation instrument or document shall be deemed and taken to refer to the Registrar of Titles unless the context otherwise requires.

6Certain signatures to be judicially noticed

(1)All courts judges and persons acting judicially shall take judicial notice of the signature of the Registrar and of any Deputy Registrar of Titles or Assistant Registrar of Titles.

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

PART II—BRINGING LAND UNDER THE ACT

Division 1—General

8Land granted by Crown to be subject to this Act

(1)All unalienated lands of the Crown shall, when alienated in fee or by way of perpetual lease or for years, be under the operation of this Act.

(2)The Crown grant of that land must be delivered to the Registrar.

*                *                *                *                *

9Bringing land under the Act

(1)The Registrar must bring under the operation of this Act all land which has been granted by the Crown for an estate in fee simple and is not under the operation of this Act.

(2)The Registrar may bring land under the operation of this Act by the creation of an ordinary folio, a provisional folio or an identified folio under this Part.

(3)The Registrar may take all necessary steps to bring land under the operation of this Act.

10Who may bring land under this Act?

(1)Any of the following persons is entitled under this Part to have land brought under this Act—

(a)the person claiming to be the owner of the fee simple either at law or in equity;

(b)persons who collectively claim to be the owners of the fee simple either at law or in equity;

(c)persons who have the power of appointing or disposing of the fee simple;

(d)trustees for the sale of the fee simple, but where any previous consent to their selling is requisite the proposal to bring land under this Act must first be consented to by the persons required to give that consent;

(e)the guardian of any minor or administrator of any represented person if the guardian or administrator directs that the minor or represented person is to be recorded as the registered proprietor on the relevant folio of the Register;

(f)a tenant for life within the meaning of the Settled Land Act 1958, if the tenant for life directs that the trustees of the settlement within the meaning of that Act are to be recorded as registered proprietor on the relevant folio of the Register and the trustees consent to the proposal to bring the land under this Act.

(2)Despite subsection (1)—

(a)a mortgagor is not entitled to apply under section 14, 15 or 23 to bring land under this Act unless the mortgagee consents to the application; and

(b)a mortgagee is not entitled to lodge a deed, conveyance or instrument under section 22 or apply under section 14, 15 or 23 to bring land under this Act unless—

(i)in the case of the exercise of a power of sale, there is a direction that the relevant folio of the Register is to be created in the purchaser's name; and

(ii)in any other case, there is a direction that the relevant folio of the Register is to be created in the mortgagor's name.

11Leased land may be brought under the Act

(1)Land leased for a term of years of which at least 10 years are unexpired, or leased for years determinable with a life or lives, may be brought under this Act.

(2)The provisions of this Act relating to freehold land extend and apply so far as applicable and with any adaptations that are necessary to the bringing of leasehold land under this Act.

(3)Every folio of the Register for leasehold land is subject to the rights and powers of the lessor or other proprietor of the reversion immediately expectant on the term.

Division 2—On legal practitioner's certificate

12Choice of conversion schemes

(1)An entitled person who wishes to have land brought under this Act may use the procedure in any of the conversion schemes under this Division.

(2)If a person uses the procedure in one conversion scheme but fails to bring land under this Act this does not stop the person trying to have the land brought under this Act by means of any other conversion scheme or under Division 3.

(3)An entitled person may use the procedure in any of the conversion schemes for the creation of an ordinary folio or provisional folio under this Division in respect of land even if a provisional folio or identified folio has been created for the land under Division 3 and for that purpose this Division applies as if any reference to the bringing of land under this Act were a reference to the creation of an ordinary folio or provisional folio under this Division.

*                *                *                *                *

14Application (non-survey) conversion scheme

(1)An entitled person may apply under this section to the Registrar to have the land brought under this Act.

(2)An application must be in the approved form and the applicant must lodge with the application—

(a)the deeds that relate to the title to the land and that are in the applicant's possession; and

(b)the deeds that relate to the title to the land and that the person may compel another person to produce except—

(i)deeds which are deposited with the Registrar-General under the Property Law Act 1958; and

(ii)deeds which are retained by the Registrar under section 26T or any corresponding previous provision; and

(c)a search of title; and

(d)a legal practitioner's certificate relating to the title to the land.

(3)The procedure in this section cannot be used to bring land under this Act if the title to the land is claimed by possession.

(4)If in respect of land the provisions of subsections (1) and (2) are complied with, and the deeds lodged show a good root of title which is at least 30 years old, the Registrar may create—

(a)an ordinary folio; or

(b)a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule, a warning in the form of Part IV of the Fifth Schedule or both those warnings, as the Registrar considers appropriate.

(5)An applicant may withdraw an application at any time before the creation of a folio of the Register.

(6)On the withdrawal of an application, the Registrar must return to the applicant or to the person appearing to be entitled to them the documents lodged in support of the application.

15Application (survey) conversion scheme

(1)An entitled person may apply under this section to the Registrar to have the land brought under this Act.

(2)An application must be in the approved form and the applicant must lodge with the application—

(a)a plan of survey of the land (with an abstract of field records) certified by a licensed surveyor or any other plan, diagram or document describing the land which satisfies the Registrar as to description; and

(b)the deeds that relate to the title to the land and that are in the applicant's possession; and

(c)the deeds that relate to the title to the land and that the person may compel another person to produce except—

(i)deeds which are deposited with the Registrar-General under the Property Law Act 1958; and

(ii)deeds which are retained by the Registrar under section 26T or any corresponding previous provision; and

(d)a search of title; and

(e)a legal practitioner's certificate relating to the title to the land; and

(f)if the applicant's title to the land is claimed by possession, the material on which the legal practitioner's certificate is based.

(3)The Registrar must cause notice of the proposed creation of the folio to be given in accordance with section 26Q.

(4)If in respect of land the provisions of subsection (1) and of subsection (2)(a), (b), (c), (d) and (e) and of sections 26Q and 26R are complied with and the deeds lodged show a good root of title which is at least 30 years old, the Registrar may create—

(a)an ordinary folio; or

(b)a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule, a warning in the form of Part IV of the Fifth Schedule or both those warnings, as the Registrar considers appropriate.

(5)If in respect of a title to land claimed by possession, the provisions of subsection (1) and subsection (2)(a), (d), (e) and (f) and of sections 26Q and 26R are complied with, the Registrar may create—

(a)an ordinary folio; or

(b)a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule, a warning in the form of Part IV of the Fifth Schedule or both those warnings, as the Registrar considers appropriate.

(6)An applicant may withdraw an application at any time before the creation of a folio of the Register.

(7)On the withdrawal of an application, the Registrar must return to the applicant or to the person appearing to be entitled to them the documents lodged in support of the application.

16Legal practitioner's certificate

A legal practitioner's certificate must—

(a)be prepared and signed by a legal practitioner; and

(b)be in the appropriate form in Schedule 5A as amended and in force for the time being.

17Act to apply to conversion scheme land

The land comprised in a provisional folio created under this Division is subject to any warning recorded on the folio and to any qualifications in any warning recorded on the folio, as if the warning were an encumbrance.

18Power of Registrar to create folio for conversion scheme land and require assurance contribution

(1)The Registrar may in respect of land which is the subject of a conversion scheme—

(a)create an ordinary folio; or

(b)create a provisional folio on which the only warning recorded is a warning in the form of Part IV of the Fifth Schedule; or

(c)create a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule which mentions—

(i)if there is only one qualification in the legal practitioner's certificate relating to the title to the land, that qualification; or

(ii)if there is more than one qualification mentioned in the legal practitioner's certificate relating to the title to the land, one or more but not all of those qualifications; or

(d)create a provisional folio on which there is recorded a warning in the form of Part IV of the Fifth Schedule and a warning in the form of Part III of the Fifth Schedule which mentions—

(i)if there is only one qualification in the legal practitioner's certificate relating to the title to the land, that qualification; or

(ii)if there is more than one qualification mentioned in the legal practitioner's certificate relating to the title to the land, one or more but not all of those qualifications—

and may require the payment of an assurance contribution.

(2)This section does not limit section 108(3).

19In whose name title to issue

(1)A folio created under a conversion scheme is to be in the name of—

(a)the person who in accordance with the documents lodged is entitled to be registered as proprietor of the fee of the land; or

(b)if conversion is based on the delivery of a document which is a conveyance of the land by way of mortgage, the person who in accordance with the documents lodged is entitled to be registered as proprietor of the equity of redemption; or

(c)if a person mentioned in paragraph (a) or (b) directs the folio to be created in the name of another person, that other person.

(2)If before a folio of the Register is created under a conversion scheme, the person who is to be recorded as registered proprietor on the folio dies, the folio is to be created recording as registered proprietor the dead person and the land is to pass as if the folio had been created before the person died.

20Removal of warning relating to subsisting interests

(1)On the creation of an ordinary folio or provisional folio under this Division in respect of land for which a provisional folio was created under Division 3, the Registrar must delete the warning in the form of Part V of the Fifth Schedule from the folio and make any necessary amendments to the Register.

(2)On the deletion of the warning from the folio under subsection (1), the land in the folio ceases to be subject to the subsisting interests referred to in that warning.

21Removal of warnings relating to title

(1)Land in a provisional folio created under this Division ceases to be subject to the qualifications stated in the legal practitioner's certificate and recorded on the provisional folio at the end of 15 years from the date of creation of the provisional folio.

(2)When registering a dealing that relates to a provisional folio created under this Division, the Registrar may delete the warning from the folio if satisfied that the land has ceased under subsection (1) to be subject to the qualifications in the legal practitioner's certificate.

Division 3—Without legal practitioner's certificate

22Lodgment of specified dealing

(1)An entitled person may lodge with the Registrar a specified dealing relating to the land.

(2)The person who lodges the specified dealing must lodge—

(a)the deed or instrument of transfer, conveyance, mortgage or assignment of possessory interests that comprises the specified dealing; and

(b)the last deed or other instrument which indicates the person's entitlement to deal with the land; and

(c)a search of title relating to the land.

(3)An applicant may withdraw the specified dealing at any time before the creation of a folio of the Register.

(4)On the withdrawal of the specified dealing, the Registrar must return to that person or to the person appearing to be entitled to them the documents lodged under subsection (2).

(5)For the purposes of any regulations under section 120(2)(b), an instrument of conveyance of the fee simple in land lodged under this section is deemed to be an instrument of transfer of the land.

23Application for creation of provisional folio

(1)An entitled person may apply under this section to the Registrar to have land brought under this Act by the creation of a provisional folio.

(2)An application cannot be made under this section if the entitled person could lodge a specified dealing in respect of the land under section 22.

(3)An application must be in the approved form.

(4)Except as provided in subsection (5), the applicant must lodge with the application—

(a)if there has been a dealing in the land by the applicant the deed, instrument or document that comprises the dealing; and

(b)if the person's entitlement to deal with the land arises from a conveyance or mortgage, the last deed or other instrument which indicates that person's entitlement to deal with the land; and

(c)if the person's entitlement to deal with the land arises from an assignment of possessory interests, evidence to the satisfaction of the Registrar of the person's entitlement to deal with the land; and

(d)a search of title relating to the land.

(5)If the application relates to the vesting in fee simple of land in any person or body by order of a court or by or under an Act, the applicant must lodge with the application such information as the Registrar reasonably requires for the creation of the folio.

(6)An applicant may withdraw the application at any time before the creation of a folio of the Register.

(7)On the withdrawal of the application, the Registrar must return to that person or to the person appearing to be entitled to them the documents lodged under subsection (2).

24Creation of provisional folio

If section 22 or 23 is complied with and the Registrar is satisfied that there is sufficient information available to identify the land and the applicant's interest in the land, the Registrar may create a provisional folio for the land.

25Warning as to subsisting interests

(1)The Registrar must record on a provisional folio created under this Division a warning in the form of Part V of the Fifth Schedule.

(2)The land comprised in a provisional folio created under this Division is subject to any subsisting interests.

(3)Nothing in subsection (2) affects the operation of section 42(2).

(4)Section 43 does not operate to defeat any claim based on a subsisting interest affecting the land in a provisional folio created under this Division.

26Warning as to title dimensions

(1)The Registrar may record on a provisional folio created under this Division a warning in the form of Part IV of the Fifth Schedule.

(2)The land comprised in a provisional folio created under this Division on which there is recorded a warning in the form of Part IV of the Fifth Schedule is subject to that warning as if that warning were an encumbrance.

26AIn whose name provisional folio created

(1)A provisional folio under this Division is to be created in the name of—

(a)the person who in accordance with the documents is entitled to be registered as proprietor of the fee of the land; or

(b)if the creation of the folio is based on the delivery of a document which is a conveyance of the land by way of mortgage, the person who in accordance with the documents lodged is entitled to be registered as proprietor of the equity of redemption; or

(c)if a person mentioned in paragraph (a) or (b) directs the folio to be created in the name of another person, that other person.

(2)If before a provisional folio of the Register is created under this Division, the person who is to be recorded as registered proprietor on the folio dies, the folio is to be created recording as registered proprietor the dead person and the land is to pass as if the folio had been created before the person died.

26BLodgment of competing interest

(1)If a provisional folio has been created under this Division in respect of land and a person other than the registered proprietor or a person claiming through the registered proprietor purports to lodge a specified dealing in respect of the land or any part of the land, the Registrar may refuse to register the specified dealing unless a court declares otherwise.

(2)The Registrar must give the person who purports to lodge the specified dealing notice of the existence of the provisional folio for the land.

(3)The person given notice under subsection (2) may apply to a court for a declaration that the land described in the provisional folio is subject to the specified dealing.

(4)The Registrar must give effect to a declaration of a court under this section.

26CRemoval of warning as to subsisting interests—general

(1)Land in a provisional folio created under this Division (other than a folio created in respect of a possessory interest) ceases to be subject to the subsisting interests referred to in the warning in the form of Part V of the Fifth Schedule recorded on the folio at the end of 15 years from the date of creation of the provisional folio.

(2)When registering a dealing that relates to a provisional folio created under this Division the Registrar may delete the warning in the form of Part V of the Fifth Schedule from the folio if satisfied that the land has ceased under subsection (1) to be subject to subsisting interests.

*                *                *                *                *

26ECreation of identified folio

(1)The Registrar may create an identified folio of the Register for land not under the operation of this Act—

(a)if the Registrar is directed, required or permitted by or under an Act to make a recording in or amendment to the Register in respect of a dealing with or interest in that land (other than a specified dealing) and the Registrar does not consider it appropriate to create a provisional folio or ordinary folio under this Part for that land; or

(b)if a person lodges with the Registrar an instrument or document showing evidence of that person's interest in that land (other than an instrument or document showing evidence of a specified dealing in the land); or

(c)otherwise if sufficient information is available to the Registrar to properly identify the land.

(2)The Registrar must not create an identified folio unless the Registrar is satisfied that sufficient information is available to the Registrar to properly identify the land.

(3)This section does not apply to unalienated land of the Crown.

(4)In this section—

interest includes a judgment, decree, order or process of execution of a court;

specified dealing includes a vesting in fee simple of land in any person or body by order of a court or by or under an Act.

26FRecording of interests on identified folio

(1)Any person with or claiming an interest in land described in an identified folio may lodge with the Registrar a notice in an appropriate approved form together with an instrument or document showing evidence of that person's interest in that land (other than a specified dealing in the land).

(2)The Registrar may record on an identified folio for land—

(a)an interest in that land for which evidence is given under subsection (1); or

(b)any matter, notice or document relating to that land (other than a specified dealing) in respect of which the Registrar is directed, required or permitted by or under an Act to make a recording in or amendment to the Register.

(3)In this section—

interest includes a judgment, decree, order or process of execution of a court;

specified dealing includes a vesting in fee simple of land in any person or body by order of a court or by or under an Act.

26GEffect of recording of interest on identified folio

(1)The recording of an interest in land on an identified folio under section 26F(2)(a) must not be taken to create, pass or confirm that interest or to make any person the registered proprietor under this Act of that interest.

(2)Section 40 does not apply in respect of an interest in land recorded on an identified folio.

(3)Section 89 does not apply in respect of land in an identified folio.

26HInterests in identified folio subject to subsisting interests

(1)An interest in land recorded on an identified folio is subject to all subsisting interests existing at the time the interest is recorded on the folio.

(2)Nothing in subsection (1) affects the operation of section 42(2).

(3)Section 43 does not operate to defeat any claim based on an interest in land recorded in an identified folio or a subsisting interest affecting that land.

26IPriority of interests

Despite anything to the contrary in this Act, the priority of any interest in land recorded on a folio created under this Division in relation to any subsisting interest must be determined as if—

(a)the land were not under the operation of this Act; and

(b)the interest could have been registered under section 6 of the Property Law Act 1958 at the time that it was recorded on the folio and was so registered.

Division 4—General provisions applying to conversion under this Part

26JSearch of title

A search of title—

(a)must set out in the approved form the results of searches relating to the title to the land; and

(b)must be prepared and signed in accordance with the regulations.

26KWarnings on provisional folios

(1)Section 106(1)(c) does not apply to a warning recorded on a provisional folio created under Division 2 or 3.

(2)If by a wrong description of parcels or of boundaries land is incorrectly included in a provisional folio on which there is recorded a warning in the form of Part IV of the Fifth Schedule, section 42 does not operate to defeat any estate or interest in the land adverse to or in derogation of the title of the registered proprietor and not recorded on the provisional folio, whether or not the registered proprietor is a purchaser or mortgagee of that land for value or derives title from such a purchaser or mortgagee.

26LLand in a provisional folio cannot be subdivided or consolidated

(1)Despite anything to the contrary in any other Act, land in a provisional folio cannot be subdivided or consolidated with other land while it remains in that folio.

(2)Subsection (1) does not apply to land in a provisional folio which contains only a warning in the form of Part IV of the Fifth Schedule.

(3)Nothing in subsection (1) prevents the compulsory acquisition of the land or part of the land in a provisional folio or affects the operation of section 35 of the Subdivision Act 1988.

26MMortgages

(1)If land is brought under this Act by the creation of an ordinary folio or provisional folio under Division 2 or 3 and the creation of that folio is based on the delivery of a document which is a conveyance of the land by way of mortgage, the mortgage is deemed to be a mortgage registered under section 74.

(2)Any second or subsequent conveyance by way of mortgage under the general law of the land in the ordinary folio or provisional folio is deemed to be a second or subsequent mortgage registered under section 74.

(3)If a second or subsequent mortgage under the general law was registered under the Property Law Act 1958 before the creation of the ordinary folio or provisional folio and a first or legal mortgage of the land which was not registered under the Property Law Act 1958 is deemed under subsection (1) to be registered under this Act, the registered proprietors of the mortgages may apply jointly to the Registrar for the variation of the priority of the mortgages.

(4)If an application is made under subsection (3), the Registrar may vary the priority of the mortgages between or amongst themselves, on the creation of the ordinary folio or provisional folio.

26NNotice of creation of ordinary folio or provisional folio for land in identified folio

(1)Before a provisional folio or an ordinary folio is created under this Part for land in an identified folio, the person seeking the creation of the folio may apply to the Registrar in the appropriate approved form for the giving of a notice under subsection (3) to a person claiming an interest recorded on the identified folio.

(2)An application under this section must—

(a)specify the land and the interest in the land in respect of which the application is made; and

(b)be supported by a certificate signed by a legal practitioner to the effect that the person claiming the interest recorded on the identified folio does not have the interest claimed.

(3)On receiving an application and certificate under this section and on being satisfied that the applicant has an interest in the land in respect of which the application is made, the Registrar must give notice to the person claiming the interest recorded on the identified folio.

(4)The notice must state to the effect that the recording of that interest will be deleted from the identified folio on a day specified in the notice unless before that time—

(a)the application is abandoned by notice in writing given to the Registrar by or on behalf of the applicant; or

(b)notice in writing is given to the Registrar that proceedings in a court to substantiate the claim of the person claiming the interest recorded on the identified folio have commenced.

(5)The Registrar must not cause a day to be specified in the notice that is less than 30 days after the day on which the notice is served, or if the notice is sent by post, the day on which it is introduced into the course of the post.

(6)On the specified day, the Registrar must make all necessary amendments to the Register to delete the recording of the interest in respect of which the application is made unless—

(a)the application has been abandoned in accordance with subsection (4); or

(b)written notice has been given to the Registrar in accordance with subsection (4) that proceedings have commenced.

(7)An application under this section may be abandoned either wholly or as to part of the land or the interest in the land in respect of which it is made either before or after the notice is given under subsection (3), but, if notice has been given, only with the consent of the person claiming the interest or the agent of that person.

(8)If in proceedings of which notice is given to the Registrar in accordance with subsection (4), the interest of the person bringing the proceedings is not substantiated to the satisfaction of the court—

(a)the court may make any order in relation to the recording of the interest as the court thinks fit; and

(b)the Registrar must give effect to that order.

(9)If there is served on the Registrar a copy of any notice or an office copy of any order of a court disclosing that proceedings of which notice was given in accordance with subsection (4) have been discontinued, withdrawn or struck out or evidence to the satisfaction of the Registrar that those proceedings have been dismissed, the Registrar may make all necessary amendments to the Register to delete the recording of the interest in respect of which the proceedings were commenced.

(10)This section does not apply to any interest in land created by another Act.

26ONotice of creation of folio under Division 2 for land in provisional folio created under Division 3

(1)If a folio of the Register is to be created under a conversion scheme under Division 2 in relation to land for which a provisional folio has been created under Division 3, the Registrar must give notice of the proposed creation of a folio under that Division to the registered proprietor of that provisional folio in accordance with section 26Q.

(2)The Registrar is not required to give notice under subsection (1) if the registered proprietor of the new folio is the same as the registered proprietor of the folio created under Division 3.

26PRemoval of warning relating to title dimensions

(1)The registered proprietor of the land in a provisional folio on which there is recorded a warning in the form of Part IV of the Fifth Schedule may apply to the Registrar in the approved form to have the warning deleted from the folio.

(2)An application under subsection (1) must be lodged with a plan of survey of the land (with an abstract of field records) certified by a licensed surveyor.

(3)If the Registrar is satisfied that the land in the plan of survey represents the land actually and bona fide occupied by the applicant and purporting to be so occupied under the provisional folio, the Registrar may delete the warning from the folio and make any necessary amendments to the Register.

(4)This section does not prevent an applicant under subsection (1) from including in the application by separate definition in the plan of survey lodged with the application such additional land as the applicant claims by possession or otherwise.

(5)If an application includes additional land in accordance with subsection (4), the Registrar must cause notice of the proposed creation of the folio to be given in accordance with section 26Q.

(6)In addition to the requirements of sections 26Q and 26R, the provisions of this Act relating to the granting of vesting orders by the Registrar as are appropriate to land which is, and land which is not under the operation of this Act, apply to the land included in the application.

(7)This section does not limit section 106(e).

(8)Section 102 applies to an application under this section as if it referred to an application under this section instead of an application to bring land under this Act.

26QNotice of creation of folio or removal of warning

(1)The Registrar must cause the notice required to be given to a person under section 15 or 26P in respect of land to be given—

(a)by publication at least once in a newspaper circulating in the city of Melbourne or in the district in which the land is situate; and

(b)personally or by post—

(i)to the occupiers of the land and to the owners and occupiers of contiguous land; and

(ii)to such other persons (if any) as the Registrar thinks fit.

(2)The Registrar must cause the notice required to be given under section 26O to be given personally or by post to the registered proprietor of the land in the provisional folio.

(3)If the folio to be created or the folio from which the warning is to be removed is or was created on the basis of a claim by possession, the Registrar, in addition to the notice under subsection (1), must cause the person who is or is to be the registered proprietor of the land in the folio to be created or from which the warning is to be removed—

(a)to post a notice of the proposal in an appropriate approved form on the land or at a place the Registrar directs; and

(b)to keep the notice so posted for not less than 30 days prior to the creation of the folio or the removal of the warning.

(4)A notice under this section must specify a time (being not less than 30 days) after the expiration of which the Registrar may, unless a caveat is lodged forbidding that action, create the relevant folio of the Register for the land or remove the warning from the folio.

26RCaveats

(1)Any person claiming an estate or interest in the land for which notice is required to be given in accordance with section 26Q(1) may, before the creation of the folio for the land or the removal of the warning, lodge a caveat with the Registrar in an appropriate approved form forbidding the creation of the folio or the removal of the warning.

(2)The registered proprietor of land to whom notice is required to be given in accordance with section 26Q(2) may, before the creation of the new folio for the land, lodge a caveat with the Registrar in an appropriate approved form forbidding the creation of the folio.

(3)On the lodgment of a caveat under this section, the Registrar—

(a)must notify the person who is to be the registered proprietor of the folio which is to be created or the registered proprietor of the folio from which the warning is to be removed, of the caveat; and

(b)must not proceed with the creation of the folio or the removal of the warning until—

(i)the caveat has been withdrawn or has lapsed; or

(ii)a judgment or order in the matter has been obtained from a court.

(4)The person notified under subsection (3)(a) may summon the caveator to attend before a court to show cause why the caveat should not be removed.

(5)The court may make any order in the matter either ex parte or otherwise and as to costs as the court thinks fit.

(6)A caveat under this section is deemed to lapse after the expiration of 30 days from the lodgment of the caveat unless the caveator has within that time—

(a)given notice in writing to the Registrar that proceedings in a court to substantiate the claim of the caveator in relation to the land and the estate or interest therein in respect of which the application is made are on foot; or

(b)obtained and served on the Registrar an injunction or order of a court restraining the Registrar from creating the folio or removing the warning.

(7)A caveat must not be renewed by or on behalf of the same person in respect of the same estate or interest.

(8)If an application has been withdrawn under section 15 and a caveator has been put to expense without sufficient cause by reason of the application, the caveator is entitled to receive from the applicant any compensation that the court considers just and orders.

26SRegistrar's discretions

(1)The Registrar may—

(a)refuse to bring land under this Act by means of a conversion scheme in Division 2 if in the Registrar's opinion—

(i)the documents lodged under the conversion scheme are unsatisfactory or incomplete; or

(ii)the information in a document lodged under the scheme conflicts with the information in records kept in the office of the Registrar-General or in the Office of Titles; or

(iii)insufficient information has been supplied to enable the Registrar to create a folio of the Register under Division 2; or

(iv)because of the time involved in processing and checking documents or for any other reason it is not convenient to bring the land under this Act by using a conversion scheme under Division 2;

(b)create a provisional folio or identified folio under Division 3 if—

(i)a conversion scheme under Division 2 has been used in respect of the land and the Registrar is satisfied that an ordinary folio or provisional folio should not be created under Division 2 for the reasons set out in paragraph (a); or

(ii)in any other case, the Registrar considers it appropriate to do so;

(c)create an identified folio under Division 3 for land if the Registrar is not satisfied that a provisional folio should be created under that Division;

(d)create an identified folio for land not under the operation of this Act which the Registrar can identify from the records held in the Office of Titles or in the office of the Registrar-General;

(e)create a new identified folio for land or part of the land in an existing identified folio or provisional folio;

(f)refuse to create any folio of the Register for land if a folio of the Register has already been created for that land;

(g)refuse to create any folio for the land if the land is not able to be identified;

(h)amend an identified folio or provisional folio created under Division 3 to record such particulars as the Registrar thinks fit of any encumbrance or other estate or interest which the Registrar is satisfied affects the land;

(i)cancel a provisional folio created under Division 3, if an ordinary folio or a provisional folio under Division 2 is created for the land;

(j)cancel a provisional folio created under Division 2, if an ordinary folio is created for the land;

(k)cancel an identified folio if an ordinary folio or provisional folio is created for the land.

(2)If the Registrar refuses to bring land under this Act by means of a conversion scheme under Division 2, the Registrar must give notice of the refusal and the reasons for it to the person who lodged the legal practitioner's certificate relating to the title of the land.

(3)If the Registrar refuses to bring land under this Act by the creation of a provisional folio under Division 3, the Registrar must give notice of the refusal and the reasons for it to the person who lodged the specified dealing or application relating to the land.

(4)Section 116 does not apply to the Registrar's refusal to bring land under this Act under Division 2.

(5)The Registrar is not to be treated as having notice of the contents of a document merely because the document was lodged with or produced to the Registrar under this Part or deposited with the Registrar-General.

(6)If documents are lodged with the Registrar under this Part, the Registrar is not required to examine any document lodged with, or referred to in, the legal practitioner's certificate or produced to the Registrar or deposited with the Registrar-General, before bringing the land concerned under the operation of this Act.

(7)The refusal of the Registrar to bring land under this Act by a conversion scheme under Division 2 does not prevent the Registrar from bringing the land under this Act under Division 3.

26TDocuments lodged in support of application

(1)The Registrar must retain documents which have been lodged under this Part unless the Registrar returns a document in accordance with subsection (2) or (3) or another provision of this Part.

(2)The Registrar must on request return to the person who lodged it or appears to be entitled to it any document which has been lodged under this Part and which—

(a)relates to land which is brought under this Act and is a subsisting lease, mortgage or charge; or

(b)relates to land which is not brought under the operation of this Act and—

(i)is a subsisting lease, mortgage or charge; or

(ii)is the last deed which constitutes, or are the last deeds which together constitute, the fee or equity of redemption.

(3)The Registrar may—

(a)on request return to the person who lodged it or appears to be entitled to it any document which has been lodged under this Part and which the Registrar is not required to return under subsection (2); and

(b)impose conditions or requirements in relation to the return of that document.

(4)Before returning a document under subsection (2) or (3) the Registrar must take a copy or require a copy to be taken of the document and must retain that copy with other documents lodged under the conversion scheme.

(5)No action shall be brought on—

(a)any covenant or agreement for the production of any documents retained under this section; or

(b)any agreement to give or enter into a covenant for the production of any documents retained under this section.

(6)If any action referred to in subsection (5) is commenced it is a sufficient answer to that action that the documents are retained under this Act.

26UNotice of creation of folio

If the Registrar considers it appropriate to do so, the Registrar must give notice of the creation of an ordinary folio or provisional folio of the Register under this Part—

(a)to every person having any estate or interest evidenced by any recording on the folio; and

(b)to any other persons that the Registrar thinks fit.

26VRecording of instruments affecting land

(1)The Registrar may make a recording in the Register of an instrument which affects land brought under this Act under this Part even though the instrument is not in the appropriate approved form if—

(a)the instrument is dated before or not later than 6 months after the date of creation of the first folio of the Register to the land; and

(b)the instrument is in a form which complies with the requirements which applied to the registration of instruments under section 6 of the Property Law Act 1958 as in force immediately before the commencement of section 22 of the Transfer of Land (Single Register) Act 1998.

(2)If—

(a)an instrument of transfer or mortgage in an appropriate approved form is lodged with the Registrar for recording under this Act—

(i)together with a legal practitioner's certificate relating to the title to the land; or

(ii)after a legal practitioner's certificate relating to the title to the land has been lodged with the Registrar; or

(iii)as a specified dealing under Division 3; or

(iv)after a specified dealing in relation to the land has been lodged under Division 3; and

(b)the Registrar refuses to bring the land under this Act otherwise than by the creation of an identified folio—

the instrument—

(c)is deemed to be a deed; and

(d)operates as a conveyance of the fee or equity of redemption (as the case requires); and

(e)in all other respects has effect as a conveyance or mortgage under the general law.

(3)If—

(a)an instrument of mortgage in an appropriate approved form is entered into in anticipation of the lodging under Division 2 of a legal practitioner's certificate relating to the title to the land; and

(b)either—

(i)the legal practitioner's certificate is not so lodged; or

(ii)the Registrar refuses to accept the legal practitioner's certificate for lodgment under Division 2—

the instrument—

(c)is deemed to be a deed; and

(d)operates as a conveyance of the fee or equity of redemption (as the case requires); and

(e)in all other respects has effect as a mortgage under the general law.

(4)It is not necessary for any person to enquire whether a mortgage was entered into in an appropriate approved form in anticipation of the lodging of a legal practitioner's certificate under Division 2.

(5)In this section specified dealing does not include an assignment of possessory rights.

26WRequirement to Registrar to bring land under this Act

If under any Act, whether enacted before or after the Transfer of Land (Single Register) Act 1998, the Registrar is required to make any amendments or recordings in the Register in respect of land and the land is not under the operation of this Act and is not unalienated Crown land, that requirement is to be read and construed as including a requirement to bring the land under the operation of this Act.

26XRegistrar may bring land under this Act

(1)The Registrar may make enquiries with municipal councils, statutory authorities or other persons for personal information that identifies ratepayers and mortgagors of land, for the purpose of comparing that information with information retained by the Registrar or the Registrar-General in relation to land that is to be brought under this Act.

(2)For the purpose of bringing land under this Act, a municipal council, statutory authority or mortgagee may disclose personal information that identifies who is a ratepayer or mortgagor of the land.

(3)The Registrar may create a provisional folio for land to be brought under this Act in the name of the person who appears to be a freehold owner of the land.

26YProvisional folio becomes ordinary folio after 15 years

A provisional folio of land brought under this Act becomes an ordinary folio, unless an ordinary folio of the land has otherwise been created, 15 years after the creation of the provisional folio.

PART III—THE REGISTER

27Register of land

(1)The Registrar must keep a Register of land which is under the operation of this Act.

(2)The Registrar—

(a)may keep the Register—

(i)in any form or combination of forms; and

(ii)on any medium or combination of mediums; and

(iii)in any manner—

that he or she thinks fit; and

(b)may at any time vary the medium, form or manner in which the Register or a part of the Register is kept.

(3)A reference to a medium in subsection (2) includes but is not limited to—

(a)a computer; or

(b)micro film; or

(c)paper.

(4)The Register consists of folios of the Register.

(5)A folio of the Register is a division of the Register that relates to one or more parcels of land.

(6)A folio of the Register—

(a)must contain the recordings that are required or authorised to be made in the Register by or under this Act or any other Act and that affect the land for which the folio is created; and

(b)must include a distinctive identifying reference for the folio; and

(c)may contain recordings of any other information that the Registrar thinks appropriate to record on the folio; and

(d)may describe any land by reference to a separate map or plan in the Office of Titles—

and so much of a separate map or plan as relates to the land in the folio is deemed to form part of the folio in which it is described.

(7)The Registrar creates a folio of the Register by making a recording of—

(a)a description of the land for which it is created; and

(b)except in the case of an identified folio, a description of—

(i)the proprietor; and

(ii)the nature of the interest held by the proprietor; and

(c)such other particulars as the Registrar thinks fit of—

(i)other estates or interests, if any, affecting the land; and

(ii)other information, if any, that relates to the land and is required to be recorded on the folio by or under this Act or any other Act—

and by allocating a distinctive identifying reference to those recordings.

(7A)The Registrar must not include a description of the proprietor for the time being of the land when an identified folio is created.

(8)Subject to section 24(4) of the Subdivision Act 1988, on—

(a)the bringing of land under the operation of this Act; or

(b)the approval of a plan of consolidation; or

(c)the approval of a plan of subdivision in accordance with any law for the time being in force relating to the subdivision of land; or

(d)being required by or under this Act or any other Act to do so—

the Registrar must create any folios of the Register that are necessary.

(9)The Registrar may create, amend or cancel a folio of the Register where the Registrar thinks it appropriate to do so.

*                *                *                *                *

(11)If the Registrar creates, amends or cancels a folio of the Register, the Registrar may—

(a)make any other amendments in the Register that he or she considers necessary because of the creation amendment or cancellation of the folio; and

(b)call in and, subject to section 27BA, destroy any certificate of title produced for the folio so created amended or cancelled.

(11A)For the purposes of subsection (11)(b), the Registrar may treat a certificate of title as destroyed without calling it in if the Registrar is provided with a certification that is in terms satisfactory to the Registrar.

(12)In this section and in section 27A, Act includes Commonwealth Act.

27ARecordings in the Register

(1)An instrument capable of registration under this Act is registered by—

(a)making recordings in the Register; or

(b)altering recordings in the Register; or

(c)removing recordings in the Register—

to the extent necessary to give effect to the instrument.

*                *                *                *                *

(2)Other information required or authorised by or under this Act or any other Act to be recorded in the Register is recorded in the Register by—

(a)recording that information in an appropriate part of the Register; or

(b)altering an existing recording so as to comprise or include that information; or

(c)removing recordings in the Register.

(3)The Registrar—

(a)may make recordings in the Register—

(i)in any form or combination of forms; or

(ii)in any manner—

that he or she thinks fit; and

(b)may at any time vary the manner and form in which recordings are made.

*                *                *                *                *

(5)The Registrar may make any deletions from, or alterations in, recordings in the Register so that each folio of the Register contains only recordings of subsisting information.

(6)The Registrar may make a recording in the Register as a substitute for an existing recording, if satisfied that the existing recording has been lost or destroyed or has become illegible or unavailable.

(7)The Registrar may, under subsection (6), determine the information to be recorded in a substitute recording by reference to any other records or documents kept by, or available to, the Registrar or in any other manner the Registrar thinks fit.

(8)If the Registrar makes a recording in the Register, the Registrar may make any other amendments in the Register that the Registrar considers necessary because of the making of that recording.

27ABVerification of identity

(1)The Registrar is not required to register an instrument under section 27A if the Registrar is not satisfied as to the identity of any person by or on behalf of whom the instrument was executed.

*                *                *                *                *

27BCertificates of title

(1)A certificate of title is a document in writing containing the information, or an extract of the information, on a folio of the Register as at the date of production of the certificate of title.

(2)A certificate of title—

(a)must indicate that it is produced by authority of the Registrar, whether by being initialled, signed or sealed by the Registrar, or by bearing a facsimile of those initials or signature or seal, or in any other manner that the Registrar thinks fit; and

(b)must state—

(i)the distinctive identifying reference of the folio of the Register to which it relates; and

(ii)the distinctive identifying reference allocated for that certificate of title; and

FIFTEENTH SCHEDULE—COVENANT IN MORTGAGE TO INSURE

That I my executors administrators or transferees will insure and so long as any money shall remain secured by this mortgage keep insured against loss or damage by fire in the name of the mortgagee or his transferees in some public insurance office to be approved of by him or them all buildings fixtures or other improvements which shall for the time being be erected on the said land, and which shall be of a nature or kind capable of being so insured, to the amount either of the principal money hereby secured or of the full value of such buildings and will when required deposit with the mortgagee or his transferees the policy of such insurance and at least seven days before each premium is payable the receipt for such premium. And that the moneys which shall be received on account of such insurance shall at his or their option be applied either in or towards satisfaction of the moneys secured by this mortgage or in rebuilding or reinstating under the superintendence of his or their surveyor the buildings fixtures or other improvements destroyed or damaged. And that on any breach or non-observance of this covenant he or they shall be at liberty to effect such insurance and continue the same for such period as may be deemed fit and the costs and expenses paid on account thereof shall be a charge upon the said land and bear interest at the same rate as if principal money overdue.

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Transfer of Land Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.

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 Transfer of Land Act 1958 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Contracts of Sale (Payments) Act 1958, No. 6433/1958 (as amended by No. 6489)

Assent Date:	28.10.58
Commencement Date:	2.2.59: Government Gazette 21.1.59 p. 116
CurrentState:	All of Act in operation

Transfer of Land (Amendment) Act 1959, No. 6544/1959

Assent Date:	13.10.59
Commencement Date:	18.1.60: Government Gazette 13.1.60 p. 106
CurrentState:	All of Act in operation

Transfer of Land (Stratum Estates) Act 1960, No. 6646/1960

Assent Date:	7.6.60
Commencement Date:	1.2.61: Government Gazette 25.1.61 p. 176
CurrentState:	All of Act in operation

Valuation of Land Act 1960, No. 6653/1960

Assent Date:	15.6.60
Commencement Date:	S. 16 on 26.9.62: Government Gazette 26.9.62 p. 3351
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Statute Law Revision Act 1962, No. 6867/1962

Assent Date:	16.4.62
Commencement Date:	16.4.62
CurrentState:	All of Act in operation

Subordinate Legislation Act 1962, No. 6886/1962

Assent Date:	8.5.62
Commencement Date:	1.8.62: Government Gazette 4.7.62 p. 2314
CurrentState:	All of Act in operation

Mildura Irrigation and Water Trusts (Amendment) Act 1962, No. 6972/1962

Assent Date:	18.12.62
Commencement Date:	18.12.62
CurrentState:	All of Act in operation

Sale of Land Act 1962, No. 6975/1962

Assent Date:	18.12.62
Commencement Date:	S. 27 on 1.3.63: Government Gazette 20.2.63 p. 307
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

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

Transfer of Land (Service Agreements) Act 1964, No. 7114/1964

Assent Date:	14.4.64
Commencement Date:	14.4.64
CurrentState:	All of Act in operation

Transfer of Land (Restrictive Covenants) Act 1964, No. 7130/1964

Assent Date:	5.5.64
Commencement Date:	5.5.64
CurrentState:	All of Act in operation

Transfer of Land (Removal of Caveats) Act 1965, No. 7244/1965

Assent Date:	5.5.66
Commencement Date:	5.5.66
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

Local Government (Amendment) Act 1965, No. 7286/1965

Assent Date:	9.6.65
Commencement Date:	All of Act (except s. 3(3)) on 21.7.67: Government Gazette 21.7.65 p. 2314; s. 3(3) on 1.1.70: Government Gazette 19.6.68 p. 2182
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

Strata Titles Act 1967, No. 7551/1967

Assent Date:	17.3.67
Commencement Date:	Pts 1–3, 5, 6 on 1.7.67: Government Gazette 24.5.67 p. 1754; Pt 4 on 1.12.67: Government Gazette 22.11.67 p. 3510
CurrentState:	All of Act in operation

Transfer of Land (Subdivision of Allotments) Act 1969, No. 7814/1969

Assent Date:	13.5.69
Commencement Date:	1.8.69: Government Gazette 9.7.69 p. 2015
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

Transfer of Land (Duplicate Certificates) Act 1971, No. 8091/1971

Assent Date:	6.4.71
Commencement Date:	6.4.71
CurrentState:	All of Act in operation

Statute Law Revision Act 1971, No. 8181/1971

Assent Date:	23.11.71
Commencement Date:	23.11.71
CurrentState:	All of Act in operation

Local Government (Subdivision of Land) Act 1973, No. 8531/1973

Assent Date:	18.12.73
Commencement Date:	18.12.73
CurrentState:	All of Act in operation

Statute Law Revision Act 1977, No. 9019/1977

Assent Date:	17.5.77
Commencement Date:	17.5.77: s. 2(2)
CurrentState:	All of Act in operation

Age of Majority Act 1977, No. 9075/1977

Assent Date:	6.12.77
Commencement Date:	1.2.78: Government Gazette 11.1.78 p. 97
CurrentState:	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

Surveyors Act 1978, No. 9180/1978

Assent Date:	21.11.78
Commencement Date:	1.12.80: Government Gazette 5.11.80 p. 3901
CurrentState:	All of Act in operation

Transfer of Land (Amendment) Act 1979, No. 9324/1979

Assent Date:	18.12.79
Commencement Date:	All of Act (except s. 4) on 1.6.80: Government Gazette 7.5.80 p. 1403; s. 4 on 4.6.80: Government Gazette 4.6.80 p. 1764
CurrentState:	All of Act in operation

Instruments (Powers of Attorney) Act 1980, No. 9421/1980

Assent Date:	20.5.80
Commencement Date:	1.7.80: Government Gazette 25.6.80 p. 2123
CurrentState:	All of Act in operation

Statute Law Revision Act 1981, No. 9549/1981

Assent Date:	19.5.81
Commencement Date:	19.5.81: s. 2(2)
CurrentState:	All of Act in operation

Penalties and Sentences Act 1981, No. 9554/1981

Assent Date:	19.5.81
Commencement Date:	S. 2(2)(Sch. 2 items 347–349) on 1.9.81: Government Gazette 26.8.81 p. 2799
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Crimes (Classification of Offences) Act 1981, No. 9576/1981

Assent Date:	26.5.81
Commencement Date:	1.7.81: Government Gazette 3.6.81 p. 1778
CurrentState:	All of Act in operation

Penalty Interest Rates Act 1981, No. 9633/1981

Assent Date:	8.12.81
Commencement Date:	1.4.82: Government Gazette 17.2.82 p. 456
CurrentState:	All of Act in operation

Sale of Land (Amendment) Act 1983, No. 9858/1983

Assent Date:	5.1.83
Commencement Date:	2.5.83: Government Gazette 8.4.83 p. 753
CurrentState:	All of Act in operation

Public Account (Trust Funds) Act 1983, No. 9861/1983

Assent Date:	5.1.83
Commencement Date:	12.1.83: Government Gazette 12.1.83 p. 81
CurrentState:	All of Act in operation

Penalty Interest Rates Act 1983, No. 9967/1983

Assent Date:	22.11.83
Commencement Date:	1.7.83: s. 1(3)
CurrentState:	All of Act in operation

Transfer of Land (Amendment) Act 1983, No. 9976/1983

Assent Date:	29.11.83
Commencement Date:	1.5.84: Government Gazette 11.4.84 p. 1090
CurrentState:	All of Act in operation

Transfer of Land (Amendment) Act 1984, No. 10128/1984

Assent Date:	7.11.84
Commencement Date:	S. 5 on 1.5.84: s. 2(2); rest of Act on 7.11.84
CurrentState:	All of Act in operation

Commercial Arbitration Act 1984, No. 10167/1984

Assent Date:	20.11.84
Commencement Date:	1.4.85: Government Gazette 20.2.85 p. 372
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

Transfer of Land (Share Interests) Act 1986, No. 7/1986

Assent Date:	25.3.86
Commencement Date:	25.3.86
CurrentState:	All of Act in operation

Courts Amendment Act 1986, No. 16/1986

Assent Date:	22.4.86
Commencement Date:	S. 22 on 1.7.86: Government Gazette 25.6.86 p. 2180
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

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

Transfer of Land (Conversion) Act 1986, No. 128/1986

Assent Date:	23.12.86
Commencement Date:	1.3.88: Government Gazette 16.12.87 p. 3392
CurrentState:	All of Act in operation

State Trust Corporation of Victoria Act 1987, No. 55/1987

Assent Date:	20.10.87
Commencement Date:	2.11.87: Government Gazette 28.10.87 p. 2925
CurrentState:	All of Act in operation

Subdivision Act 1988, No. 53/1988 (as amended by No. 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 (as amended by No. 48/1991)

Assent Date:	16.5.89
Commencement Date:	3.2.92: Government Gazette 18.12.91 p. 3488
CurrentState:	All of Act in operation

County Court (Amendment) Act 1989, No. 19/1989

Assent Date:	16.5.89
Commencement Date:	1.8.89: Government Gazette 26.7.89 p. 1858
CurrentState:	All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Water (Consequential Amendments) Act 1989, No. 81/1989

Assent Date:	5.12.89
Commencement Date:	1.11.90: Government Gazette 15.8.90 p. 2473
CurrentState:	All of Act in operation

Local Government (Amendment) Act 1990, No. 13/1990

Assent Date:	8.5.90
Commencement Date:	S. 43 on 8.5.90: Special Gazette (No. 20) 8.5.90 p. 1
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Mineral Resources Development Act 1990, No. 92/1990

Assent Date:	18.12.90
Commencement Date:	S. 128(Sch. 1 item 29) on 6.11.91: Government Gazette 30.10.91 p. 2970
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

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); s. 53(5) on 1.10.92: s. 2(1): ss 50, 57 on 3.2.92 same day as s. 7 of No. 18/1989: s. 2(3); rest of Act on 25.6.91: s. 2(4)
CurrentState:	All of Act in operation

Subdivision (Amendment) Act 1993, No. 57/1993

Assent Date:	8.6.93
Commencement Date:	All of Act (except s. 17(4)) on 8.6.93: s. 2(2); s. 17(4) on 30.10.89: s. 2(1)
CurrentState:	All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date:	31.5.94
Commencement Date:	S. 3(Sch. 1 items 59.1, 59.2) on 7.7.94: Government Gazette 7.7.94 p. 1878
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

State Trustees (State Owned Company) Act 1994, No. 45/1994

Assent Date:	7.6.94
Commencement Date:	Pt 1 (ss 1–3), s. 27 on 7.6.94: s. 2(1); rest of Act on 1.7.94: Special Gazette (No. 36) 23.6.94 p. 1
CurrentState:	All of Act in operation

Catchment and Land Protection Act 1994, No. 52/1994

Assent Date:	15.6.94
Commencement Date:	S. 97(Sch. 3 item 32) on 15.12.94: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Valuation of Land (Amendment) Act 1994, No. 91/1994

Assent Date:	6.12.94
Commencement Date:	S. 36(10) on 1.1.95: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 items 83.1–83.15) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Co-operatives Act 1996, No. 84/1996

Assent Date:	23.12.96
Commencement Date:	S. 467(Sch. 6 items 13.1, 13.2) on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Legal Practice (Amendment) Act 1997, No. 102/1997

Assent Date:	16.12.97
Commencement Date:	S. 49(Sch. item 6) on 16.12.97: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	Ss 3–20 on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 127) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 78) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 113) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Transfer of Land (Amendment) Act 2001, No. 49/2001

Assent Date:	27.6.01
Commencement Date:	28.6.01: s. 2
CurrentState:	All of Act in operation

Auction Sales (Repeal) Act 2001, No. 84/2001

Assent Date:	11.12.01
Commencement Date:	S. 14 on 1.1.03: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Transfer of Land (Electronic Transactions) Act 2004, No. 23/2004

Assent Date:	18.5.04
Commencement Date:	Ss 3–8 on 19.5.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Courts Legislation (Funds in Court) Act 2004, No. 30/2004

Assent Date:	1.6.04
Commencement Date:	S. 11 on 1.7.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Surveying Act 2004, No. 47/2004

Assent Date:	16.6.04
Commencement Date:	S. 71(Sch. item 6) on 1.1.05: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Housing (Housing Agencies) Act 2004, No. 106/2004

Assent Date:	21.12.04
Commencement Date:	S. 17 on 1.1.05: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 207) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Statute Law Revision Act 2005, No. 10/2005

Assent Date:	27.4.05
Commencement Date:	S. 3(Sch. 1 item 22) on 28.4.05: s. 2
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 107) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Property (Co-ownership) Act 2005, No. 71/2005

Assent Date:	25.10.05
Commencement Date:	S. 7 on 1.2.06: Government Gazette 19.1.06 p. 70
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Land Tax Act 2005, No. 88/2005

Assent Date:	29.11.05
Commencement Date:	S. 117(Sch. 2 item 9) on 1.1.06: s. 2
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Transfer of Land (Alpine Resorts) Act 2006, No. 39/2006

Assent Date:	20.6.06
Commencement Date:	Ss 3–9 on 21.6.06: s. 2
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 30) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Owners Corporations Act 2006, No. 69/2006

Assent Date:	19.9.06
Commencement Date:	S. 224(Sch. 3 item 10) on 31.12.07 : s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Conveyancers Act 2006, No. 75/2006 (as amended by No. 17/2007)

Assent Date:	10.10.06
Commencement Date:	S. 192(Sch. 2 item 6) on 1.7.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Planning and Environment Amendment Act 2007, No. 47/2007

Assent Date:	25.9.07
Commencement Date:	Ss 18, 19 on 26.9.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Consumer Credit (Victoria) and Other Acts Amendment Act 2008, No. 6/2008

Assent Date:	18.3.08
Commencement Date:	S. 38 on 19.3.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 58) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Land Legislation Amendment Act 2009, No. 80/2009

Assent Date:	8.12.09
Commencement Date:	Ss 3–72 on 1.5.10: s. 2(2)
CurrentState:	This information relates only to provision/s amending the Transfer of Land Act 1958

Parks and Crown Land Legislation (Mount Buffalo) Act 2010, No. 35/2010

Assent Date:	15.6.10
Commencement Date:	S. 24(Sch. 6 item 4) on 8.7.10: Government Gazette 8.7.10 p. 1518
CurrentState:	This information relates only to provision/s amending the Transfer of Land Act 1958

Climate Change and Environment Protection Amendment Act 2012, No. 78/2012

Assent Date:	18.12.12
Commencement Date:	S. 27 on 13.2.13: Special Gazette (No. 44) 12.2.13 p. 1
CurrentState:	This information relates only to provision/s amending the Transfer of Land Act 1958

Electronic Conveyancing (Adoption of National Law) Act 2013, No. 7/2013

Assent Date:	26.2.13
Commencement Date:	Ss 11–13 on 14.3.13: Special Gazette (No. 86) 13.3.13 p. 1; ss 16–21 on 14.2.18: Special Gazette (No. 49) 13.2.18 p. 1
CurrentState:	This information relates only to provision/s amending the Transfer of Land Act 1958

Co-operatives National Law Application Act 2013, No. 9/2013

Assent Date:	13.3.13
Commencement Date:	S. 42(Sch. 2 item 17) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1
Current State:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 56) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to provision/s amending the Transfer of Land Act 1958

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 98) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 36) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Transfer of Land Amendment Act 2014, No. 70/2014

Assent Date:	23.9.14
Commencement Date:	Ss 3–25 on 24.9.14: s. 2
CurrentState:	This information relates only to provision/s amending the Transfer of Land Act 1958

Land Legislation Amendment Act 2017, No. 42/2017

Assent Date:	19.9.17
Commencement Date:	Ss 3−46 on 20.9.17: s. 2
Current State:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 126) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 103) on 1.7.21: s. 2(4)
Current State:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022, No. 17/2022

Assent Date:	18.5.22
Commencement Date:	S. 112 on 19.5.22: s. 2(1)
Current State:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date:	5.9.23
Commencement Date:	S. 7(Sch. 1 item 28) on 6.9.23: s. 2
Current State:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025

Assent Date:	20.5.25
Commencement Date:	Ss 56–59 on 21.5.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Transfer of Land Act 1958

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 3(Sch. 1 item 32) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Transfer of Land Act 1958

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Transfer of Land (Fees) Order 1966, S.R. No. 236/1966

Date of Making:	23.8.66
Date of Commencement:	1.9.66: reg. 1

Transfer of Land (Fees) Order 1970, S.R. No. 221/1970

Date of Making:	29.9.70
Date of Commencement:	1.11.70: reg. 1

Transfer of Land (Fees) Order 1973, S.R. No. 200/1973

Date of Making:	21.8.73
Date of Commencement:	1.10.73: reg. 1

Metric Conversion (Transfer of Land) Regulations 1974, S.R. No. 152/1974

Date of Making:	27.5.74
Date of Commencement:	1.6.74: reg. 1

Transfer of Land (Fees) Order 1974, S.R. No. 348/1974

Date of Making:	23.7.74
Date of Commencement:	1.10.74: reg. 1

Transfer of Land (Fees) Order 1975, S.R. No. 256/1975

Date of Making:	5.8.75
Date of Commencement:	1.10.75: reg. 1

Transfer of Land (Fees) Order 1976, S.R. No. 225/1976

Date of Making:	10.8.76
Date of Commencement:	1.10.76: reg. 1

Transfer of Land (Fees) Order 1977, S.R. No. 247/1977

Date of Making:	30.8.77
Date of Commencement:	1.10.77: reg. 1

Transfer of Land (Fees) Order 1978, S.R. No. 285/1978

Date of Making:	8.8.78
Date of Commencement:	1.9.78: reg. 1

Transfer of Land (Fees) (Amendment) Order 1978, S.R. No. 335/1978

Date of Making:	5.9.78
Date of Commencement:	5.9.78: reg. 1

Transfer of Land (Fees) Order 1979, S.R. No. 368/1979

Date of Making:	18.9.79
Date of Commencement:	1.11.79: reg. 1

Transfer of Land (Fees) Order 1980, S.R. No. 366/1980

Date of Making:	23.9.80
Date of Commencement:	1.11.80: reg. 1

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Government Gazette      20 June 1956 page 3357

Government Gazette      18 January 1961 page 36

Government Gazette      16 February 1966 page 619

Government Gazette      31 August 1966 page 3196

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 33(1)–33(3A):

S. 33(1) repealed by No. 18/1989 s. 12(Sch. 1 item 60).

S. 33(2) amended by No. 6544 s. 6(2)(a)(b), repealed by No. 18/1989 s. 12(Sch. 1 item 60).

S. 33(3) repealed by No. 18/1989 s. 12(Sch. 1 item 60).

S. 33(3A) inserted by No. 9324 s. 5(2), repealed by No. 18/1989 s. 12 (Sch. 1 item 60).

[2] S. 52(1): See Part 3 of the Property Law Act 1958.

[3] S. 62(1): See section 73.

[4] S. 67(1)(d): See sections 141, 142 of the Property Law Act 1958.

[5] S. 72(1): See section 98.

[6] S. 79(2)(b): See section 76.

[7] S. 88(2): See section 42(2)(f).

[8] S. 97(2A)–97(3):

S. 97(2A) inserted by No. 6975 s. 27(d), amended by Nos 7052 s. 4(a)(b), 7130 s. 2(b), substituted by No. 7272 s. 8(2)(a), amended by Nos 7898 s. 5(a), 10216 s. 11, repealed by No. 53/1988 s. 45(Sch. 2 item 90).

S. 97(2B) inserted by No. 7551 s. 49(b), repealed by No. 53/1988 s. 45(Sch. 2 item 90).

S. 97(3) repealed by No. 53/1988 s. 45(Sch. 2 item 90).

[9] Schs 15A–16:

Sch. 15A inserted by No. 6544 s. 6(4), amended by No. 9324 s. 4(2), repealed by No. 9976 s. 11.

Sch. 15B inserted by No. 9324 s. 5(3), repealed by No. 9976 s. 11.

Sch. 15C inserted by No. 9324 s. 6(2), repealed by No. 9976 s. 11.

Sch. 16 amended by No. 9324 s. 10(1)(c), repealed by No. 9976 s. 11.

[10] Schs: 19, 20:

Sch. 19 repealed by No. 9976 s. 11.

Sch. 20 amended by G.G. 20.6.56 p. 3357, 18.1.61 p. 136, 16.2.66 p. 619, 31.8.66 p. 3196, S.R. Nos 236/1966, 221/1970, 200/1973, 152/1974, 348/1974, 256/1975, 225/1976, 247/1977, No. 9128 s. 9(2), S.R. Nos 285/1978 reg. 3, 335/1978 reg. 3, 368/1979 reg. 3, 366/1980 reg. 3, No. 9861 s. 3(1), repealed by No. 9976 s. 11.