Australian Capital Territory Consolidated Acts

REGISTRATION OF DEEDS ACT 1957 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     land

              •     Minister (see s 162)

              •     person

              •     registrar-general.

"deed" includes any instrument or document, whether under seal or not, other than—

        (a)     a will; or

        (b)     an instrument (not being a lease, or a sublease, for a term of years not exceeding 3 years) that is in accordance with the provisions of the Land Titles Act 1925 and purports to transfer or otherwise deal with or affect an estate or interest in land under the provisions of that Act; or

        (c)     a document that evidences, or purports to evidence, a change of the name of a person.

"the register" means the general register of deeds.

"registration copy" means—

        (a)     in relation to a deed that is deposited with the registrar-general upon the registration of the deed under this Act—the deed; and

        (b)     in relation to any other deed—the copy of the deed deposited with the registrar-general upon the registration of the deed under this Act.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Registration of Deeds Ordinance 1957 A1957-13 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

    Legislation before becoming Territory enactment

Registration of Deeds Act 1957 No 13

notified 21 November 1957

commenced 21 November 1957

as amended by

Ordinances Revision (Decimal Currency) Ordinance 1966 No 19

notified 23 December 1966

commenced 23 December 1966

Ordinances Revision (Administrative Arrangements) Ordinance 1977 No 18

notified 21 June 1977

commenced 21 June 1977

Registration of Deeds (Amendment) Ordinance 1977 No 49

notified 27 September 1977

commenced 3 October 1977

Registration of Deeds (Amendment) Ordinance 1978 No 25

notified 5 September 1978

commenced 3 October 1978

Registration of Deeds (Amendment) Ordinance 1980 No 14

notified 15 May 1980

commenced 1 July 1980

Registration of Deeds (Amendment) Ordinance 1982 No 79

notified 1 October 1982

commenced 1 October 1982

Registration of Deeds (Amendment) Ordinance 1983 No 40

notified 29 September 1983

commenced 1 October 1983

Registration of Deeds (Amendment) Ordinance 1985 No 22

notified 7 June 1985

commenced 7 June 1985

    Legislation after becoming Territory enactment

Registrar-General (Consequential Provisions) Act 1993 No 64 sch 1

notified 6 September 1993 (Gaz 1993 No S172)

s 1, s 2 commenced 6 September 1993 (s 2 (1))

sch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)

Land Titles (Consequential Amendments) Act 1995 No 54 sch pt 1

notified 20 December 1995 (Gaz 1995 No S313)

sch pt 1 commenced 20 June 1996 (s 2)

Births, Deaths and Marriages Registration (Consequential Provisions) Act 1997 No 113 sch

notified 24 December 1997 (Gaz 1997 No S420)

s 1, s 2 commenced 24 December 1997 (s 2 (1))

sch commenced 24 June 1998 (s 2 (2))

Legislation (Consequential Amendments) Act 2001 No 44 pt 327

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 327 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Registration of Deeds Amendment Act 2003 A2003-39

notified LR 8 September 2003

s 1, s 2 commenced 8 September 2003 (LA s 75 (1))

remainder commenced 9 September 2003 (s 2)

Powers of Attorney Act 2006 A2006-50 sch 2 pt 2.4

notified LR 30 November 2006

s 1, s 2 commenced 30 November 2006 (LA s 75 (1))

sch 2 pt 2.4 commenced 30 May 2007 (s 2 and LA s 79)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.86

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.86 commenced 12 April 2007 (s 2 (1))

Personal Property Securities Act 2010 A2010-15 sch 3 pt 3.3

notified LR 1 April 2010

s 1, s 2 commenced 1 April 2010 (LA s 75 (1))

sch 3 pt 3.3 commenced 30 January 2012 (s 2 (2) (b))

4     Amendment history

Name of Act
s 1     sub A2007-3 amdt 3.451

Dictionary
s 2     defs reloc to dict A2007-3 amdt 3.452
    sub A2007-3 amdt 3.453
    def determined fee ins 1984 No 40 s 4
    om 2001 No 44 amdt 1.3604
    def the Registrar om 1993 No 64 sch 1

Notes
s 2A     ins A2007-3 amdt 3.453

General register of deeds
s 3     am 1977 No 18; 1993 No 64 sch 1
    sub A2006-50 amdt 2.20

Registration of deeds
s 4     am 1966 No 19; 1977 No 49; 1978 No 25; 1980 No 14; 1982 No 79; 1983 No 40; 1993 No 64 sch 1; 2001 No 44 amdt 1.3605, amdt 1.3606; A2007-3 amdt 3.454

Priority according to registration
s 4A     ins 1985 No 22
    am A2010-15 amdt 3.3

Mistakes in registration
s 4B     ins 1985 No 22

Index
s 5     am 1993 No 64 sch 1

Searches
s 6     am 1966 No 19; 1977 No 49; 1993 No 64 sch 1

Certified copies
s 7     am 1966 No 19; 1977 No 49; 1983 No 40; 1993 No 64 sch 1; 2001 No 44 amdts 1.3607-1.3610

Determination of fees
s 8     ins 1983 No 40
    sub 2001 No 44 amdt 1.3611

Approved forms
s 9     ins 2001 No 44 amdt 1.3611

The Schedule
sch     am 1993 No 64 sch 1
    om 2001 No 44 amdt 1.3612

Dictionary
dict     ins A2007-3 amdt 3.455
    def deed am 1993 No 64 sch 1; 1995 No 54 sch pt 1; 1997 No 113 sch; A2003-39 s 4
    reloc from s 2 A2007-3 amdt 3.452
    def the register reloc from s 2 A2007-3 amdt 3.452
    def registration copy reloc from s 2 A2007-3 amdt 3.452

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	ord 1985 No 22	31 October 1990
2	Act 1997 No 113	31 January 1998
3	A2001-44	12 September 2001
4	A2003-39	9 September 2003
5	A2007-3	12 April 2007
6	A2006-50	30 May 2007

© Australian Capital Territory 2012

Australian Capital Territory

A1957-13

Republication No 7

Effective: 30 January 2012

Republication date: 30 January 2012

Last amendment made by A2010-15





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Registration of Deeds Act 1957

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 30 January 2012

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 30 January 2012

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Registration of Deeds Act 1957

Endnotes8

Registration of Deeds Act 1957

An Act providing for the registration of deeds and other documents