Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) The following provisions of the Land Titles Act, division 10.3 apply in relation to a charge declared under the Unit Titles Act 2001 , section 67:
• section 92 (1) and (3) (Land—how mortgaged or encumbered) (subject to section 11C of this Act)
• section 92A (Mortgage or encumbrance—postponement of priority)
• section 93 (1) (Mortgage or encumbrance—effect)
• section 101 (Discharge of mortgages and encumbrances) (subject to this Act, section 11D)
• section 101A (Variation of mortgages).
(2) The Land Titles Act, division 10.3 does not otherwise apply in relation to the charge.
Note Because of this Act, s 13, s 14 and s 15, a charge over a
unit declared under the Unit Titles Act 2001 , s 67 is registrable in much the
same way as a mortgage under the Land Titles Act 1925 . However, unlike other
mortgages, this registered charge does not give rise to any power of sale over
the unit (see s (2) and Unit Titles Act 2001 s 67 (5)).