Transfer of Land (Amendment) Act 2001 (Vic)

Transfer of Land (Amendment) Act 2001

Act No. 49/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Crown grants in fee not to be in duplicate	2
5.	Powers not to create certificates of title	3
6.	Destruction of certificates of title	3
7.	Power not to destroy certificates of title	3
27BA. Power not to destroy certain certificates of title	3
8.	Crown grants converted to folios of the Register	4
9.	Regulation-making powers for fees etc.	5
10.	Consequential amendment to Land Act	5

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ENDNOTES 7

i

Victoria

No. 49 of 2001

Transfer of Land (Amendment) Act

2001†

[Assented to 27 June 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the

Transfer of Land Act 1958—

(a) in relation to the conversion of Crown grants to folios of the Register; and

Transfer of Land (Amendment) Act 2001

s. 2 Act No. 49/2001

(b) to give further powers to the Registrar of Titles in relation to—

(i)  destroying certificates of title which are no longer current; and

(ii) of the Register which will be

producing certificates of title for folios deleted; and

(c) to provide for power to make regulations relating to differential amounts, fees and charges in certain circumstances.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Principal Act

See:

Act No.	In this Act, the Transfer of Land Act 1958 is
6399.	called the Principal Act.
Reprint No. 13
as at
26 August
1999
and amending Act No. 74/2000. LawToday: dpc.vic. gov.au

4. Crown grants in fee not to be in duplicate

(1) In section 8 of the Principal Act, for sub-section

(2) substitute—

"(2) The Crown grant of that land—

(a) must be delivered to the Registrar; and

(b) in the case of a Crown grant by way of perpetual lease or for years, must be in duplicate.".

Transfer of Land (Amendment) Act 2001

Act No. 49/2001 s. 5

(2) In section 8 of the Principal Act, sub-section (3) is

repealed.

5. Powers not to create certificates of title

(1) In section 27B(7) of the Principal Act, for "On—"

substitute "Subject to sub-section (7A), on—".

(2) In section 27B of the Principal Act, after sub-

section (7) insert—

"(7A) The Registrar is not required to produce a

certificate of title for a folio of the Register if
that folio is to be amended, substituted or
deleted and a new folio immediately

created.".

6. Destruction of certificates of title

(1) In section 27(11)(b) of the Principal Act, after

"call in and" insert ", subject to section 27BA,". (2) In section 27B(9) of the Principal Act, after "call in and" insert ", subject to section 27BA,".

(3) In section 27B(11) of the Principal Act, for "must

destroy" substitute ", subject to section 27BA,

must destroy".

7. Power not to destroy certificates of title

After section 27B of the Principal Act insert—

"27BA. Power not to destroy certain certificates of

title

(1) If a folio of the Register has been deleted, the Registrar is not required to destroy the certificate of title for that folio if the

Registrar ensures that the certificate of title
is marked, stamped or otherwise rendered
unusable to support any further transaction in

relation to land.

(2) The Registrar may return a certificate of title
which has been rendered unusable to support

Transfer of Land (Amendment) Act 2001

s. 8 Act No. 49/2001

any further transaction in relation to land to
the last registered proprietor shown on the
deleted folio of the Register to which that

certificate of title relates.".

8. Crown grants converted to folios of the Register

(1) In section 28(1) of the Principal Act, after "Crown

grants" insert "by way of perpetual lease or for

years".

(2) In section 28 of the Principal Act, after sub-

section (1) insert—

"(1A) On receipt of a Crown grant in fee, in

accordance with section 8, the Registrar

must—

(a) register the Crown grant; and

(b) create a folio of the Register for the land to which the Crown grant relates; and

(c) cancel the Crown grant.

(1B) When, in accordance with this Act, a

certificate of title is created for the folio of
the Register relating to the land referred to in
sub-section (1A) for delivery to the person
entitled to that certificate, the Registrar must
forward to that person a copy of the
applicable conditions, exceptions and
reservations relating to that land as contained

in the Crown grant.".

(3) In section 28 of the Principal Act, for sub-section

(3) substitute—

"(3) If a prescribed authority is registered as the

proprietor of an estate in fee in land under
the operation of this Act, unless the
prescribed authority makes a request to the

Transfer of Land (Amendment) Act 2001

Act No. 49/2001 s. 9

contrary, it is not necessary for a certificate
of title to be produced for the prescribed
authority, and the provisions of this Act shall
apply in relation to the land with any

modification required by this section.".

(4) In section 28(5) of the Principal Act, for "sub-

section (1)" substitute "this section".

9. Regulation-making powers for fees etc.

In section 120 of the Principal Act, after sub-
section (2) insert—

"(3) Regulations made under sub-section (2)(a),

(2)(aa) or (2)(c) may—

(a)	vary according to differences in time, place or circumstance; and
(b)	provide for different amounts, fees, charges and expenses for—

(i)  different activities or classes of activities; or

(ii)  different cases or classes of cases; or

(iii)  different modes of providing any service in respect of which those amounts, fees, charges or

expenses apply.".

10. Consequential amendment to Land Act

Transfer of Land (Amendment) Act 2001

Act No. 49/2001

See:	In section 371 of the Land Act 1958, omit "in
Act No.
6284.	duplicate" (where twice occurring).
Reprint No. 9
as at
24 September
1998
and
amending
Act Nos 76/1998, 85/1998, 30/2000, 69/2000 and
74/2000.
LawToday:
gov.au	═══════════════

Transfer of Land (Amendment) Act 2001

Act No. 49/2001 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 3 May 2001

Legislative Council: 13 June 2001

The long title for the Bill for this Act was "to amend the Transfer of
Land Act 1958 in relation to the powers of the Registrar of Titles with
respect to the creation and deletion of folios of the Register, to provide
for the fixing of differential fees by regulation, to make consequential
amendments to the Land Act 1958 and for other purposes."