Transfer of Land (Fees) Amendment Regulations 2018 (Vic)

Transfer of Land (Fees) Amendment Regulations 2018

S.R. No. 68/2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Prescribed fees

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Endnotes

STATUTORY RULES 2018

S.R. No. 68/2018

Transfer of Land Act 1958

Transfer of Land (Fees) Amendment Regulations 2018

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 29 May 2018

Responsible Minister:

RICHARD WYNNE
Minister for Planning

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Transfer of Land (Fees) Regulations 2016—

(a)to set prescribed fees and fee units payable to the Registrar under the Transfer of Land Act 1958 following the commencement of the Land Legislation Amendment Act 2017; and

(b)to increase specific prescribed fees payable to the Registrar under the Transfer of Land Act 1958.

2Authorising provision

These Regulations are made under section 120 of the Transfer of Land Act 1958.

3Commencement

These Regulations come into operation on 1 July 2018.

4Prescribed fees

In Schedule 1 to the Transfer of Land (Fees) Regulations 2016[1]—

(a)after item 11 insert—

"11A 27A(5) Making of an application to the Registrar to change the name of a proprietor on a folio of the Register 2·71 fee units";

(b)item 12 is revoked;

(c)in item 14—

(i)for "$5.61" substitute "$5.70";

(ii)for "$8.28" substitute "$8.41";

(iii)for "$6.63" substitute "$6.73";

(d)after item 29 insert—

"29A 52(6A) Making of an application to the Registrar by a judgment creditor to remove the recording of a judgment, decree, order or process of execution 6·65 fee units";

(e)in item 52, after "payment" insert "or expiration of limitation period";

(f)in item 57 omit "charge or";

(g)after item 63 insert—

"63A 91FA(1) Making of an application to the Registrar for an extension of a priority notice 2·05 fee units";

(h)after item 76 insert—

"76A	106B(1)	Making of an application to the Registrar to record notice of a statutory charge	2·71 fee units
76B	106B(2)	Making of an application to the Registrar to remove or delete notice of a statutory charge	2·71 fee units";

(i)in item 80—

(i)for "$5.67" substitute "$5.76";

(ii)for "$8.34" substitute "$8.47";

(iii)for "$6.97" substitute "$7.08";

(j)after item 80 insert—

"80A	114(1)	Making of an application to the Registrar for a folio history search statement
(a)     information broker search	$9.71
(b)     regular online search	1·10 fee units
(c)     online search	$12.09
(d)     in person search	2·31 fee units";

(k)in item 81, for "$5.67" substitute "$5.76";

(l)in item 82—

(i)for "$3.89" substitute "$3.95";

(ii)for "$6.56" substitute "$6.66";

(iii)for "$4.91" substitute "$4.99";

(m)in item 83—

(i)for "$2.79" substitute "$2.83";

(ii)for "$5.46" substitute "$5.55";

(iii)for "$3.81" substitute "$3.87".

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Endnotes

[1] Reg. 4: S.R. No. 29/2016 as amended by S.R. No. 27/2017.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2018 is $14.45. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.