Transfer of Land Act Amendment Act 1969 (WA)

1969.] Transfer of Land. [No. 28.

TRANSFER OF LAND.

No. 28 of 1969.

AN ACT to amend the Transfer of Land

Act, 1893-1965.

[Assented to 16th May, 1969.]

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 Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Transfer	Short title
and citation.

of Land Act Amendment Act, 1969.

Reprinted

(2) In this Act the Transfer of Land Act, 1893- Vol. 16 Reprinted

1965 is referred to as the principal Act.

Acts as

amended by

Act No. 113

or 1965.

(3) The principal Act as amended by this Act

may be cited as the Transfer of Land Act, 1893-

No. 28.] Transfer of Land. [1969.

Amendment

to s. 10. 2. Section 10 of the principal Act is amended

(Seal of office.)	(a)	by adding after the section number "10." the subsection designation "(1)";
(b)	by deleting the words "bearing the impres- sion of the Royal Arms and" in line two;
(c)	by adding after the word "signed" in line six the words "or initialled"; and

(d) by adding the following subsections

(2) Without limiting the generality of subsection (1) of this section, if the seal referred to in that subsection or facsimile signature of the Registrar together with the signature or initials of the officer (whether or not that officer is the Commissioner, the Registrar or an Assistant Registrar) affixing the seal or facsimile signature, appear

(a)	on any entry or memorandum entered in the Register Book; or
(b)	on any registered instrument or duplicate thereof,

such entry or memorandum shall be received in all courts as conclusive evidence that the instrument to which the entry or memorandum relates has been duly registered or that the entry or memorandum has been duly entered.

(3) All courts, judges and persons act- ing judicially shall take judicial notice of the seal or facsimile signature and signature or initials referred to in sub- section (2) of this section, appearing on any entry or memorandum entered in the Register Book or on any registered instru- ment or duplicate thereof and shall pre- sume that the seal or facsimile signature and signature or initials were duly affixed thereto. .

1969.] Transfer of Land. [No. 28.

Amendment

3. Section 11 of the principal Act is amended by to e. 11.

adding the words "or initialled" after the word	Powers o
"signed" where it occurs in lines two, three and five.	Registrar.)
Amendment

4. Section 54 of the principal Act is amended

to a. 54.

(Leases and

(a) by substituting for the words "perforated through" in lines seven and eight, the words	mortgagesmay be in
triplicate.)

"stamped on the front page of".

(b)	by substituting for the words "perforated through" in line nine, the words "stamped on the front page of";
(c)	by substituting for the word "through" in

line ten, the words "shall be stamped on the

front page of";

(d)	by substituting for the words "perforated through" in line twelve, the words "shall be stamped on the front page of"; and
(e)	by substituting for the word "through" in line thirteen the words "shall be stamped on the front page of".

5. Section 56 of the principal Act is repealed and 5. 56 re-pealed and

re-enacted as follows- re-enacted.

56. Every memorandum entered in the Regi- ster Book shall state the date of lodgment for	Memoran-dum to state certain par-
ticulars.
registration of the instrument to which the memorandum relates and such other particulars as the Registrar directs. .

6. Section 57 of the principal Act is repealed and	5.57 repealed
and re-

re-enacted as follows-	enacted.
Memoran-

57. When and as often as a memorandum of any instrument is entered in the Register Book,	dum to be entered on
duplicate
the Registrar shall enter the like memorandum	instrument.
on the duplicate certificate of title or instru- ment, if any, to which the memorandum relates and shall endorse on each instrument registered a certificate that the memorandum was entered in the Register Book. .

No. 28.] Transfer of Land. [1969.

Amendment	to e. 166.	7. Section 166 of the principal Act is amended
(Proprietor

subdividing	(a) by adding after the section number "166."
map if	to deposit

required.) the subsection designation "(1)";

(b)	by substituting for the word "map" in line four, the words "plan or diagram";
(c)	by adding before the word "Such" where secondly occurring in line four, the sub- section designation "(2)";
(d)	by substituting for the word "map" in line five, the words "plan or diagram";
(e)	by substituting for the words "In case" in line fourteen the passage "(3) Where"; and
(f)	by adding a subsection as follows

(4) The Registrar may require such proprietor to apply for a new certificate or certificates for the land the subject of the plan or diagram. .

Amendment

to s. 192.	8. Section 192 of the principal Act is amended
instrument

(Defective	by substituting for the passage commencing with
lodged if not
or document	the word "after" in line nine and ending with the
notice within
amended on	word "notice" in line seventeen, the passage "such
twenty-one
days may be	error or defect is not duly amended within the time
rejected.)
See s. 31	allowed by the Registrar, after notice of the error
Act No. 30	or defect and the time so allowed has been given to
of 1918.	the person," .
Amendment

to 5. 239. 9. Paragraph (a) of subsection (2) of section 239

and certi-	(Searches is amended by deleting the passage "if the Register
fed copies.) Book is not readily available," in line three.