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NATIONAL MEASUREMENT ACT 1960 - SECT 12A Contracts etc. with respect to interests in land to be expressed in Australian legal units of measurement

NATIONAL MEASUREMENT ACT 1960 - SECT 12A

Contracts etc. with respect to interests in land to be expressed in Australian legal units of measurement

  (1)   After the commencement of this section, every contract, dealing or other transaction made or entered into with respect to an interest in land that refers to any measurement of a physical quantity (including a reference to a measurement of a physical quantity for descriptive purposes only) shall refer to Australian legal units of measurement of that physical quantity.

  (2)   Where, in a contract, dealing or other transaction to which subsection   ( 1) applies:

  (a)   reference is made to a unit of measurement of a physical quantity; and

  (b)   there is an Australian legal unit of measurement of that physical quantity of the same name;

the reference shall, unless the contrary intention appears, be deemed to be a reference to that Australian legal unit of measurement.

  (3)   Where a contract, dealing or other transaction in relation to which an additional unit of measurement is applicable under regulations made for the purposes of subsection   7A(2) refers to that additional unit of measurement, the contract, dealing or other transaction does not contravene subsection   ( 1) merely because it refers exclusively to that additional unit of measurement.

  (4)   A contract dealing or other transaction made or entered into with respect to an interest in land does not contravene subsection   ( 1) merely because it refers to units of measurement other than Australian legal units of measurement if:

  (a)   in the case of land that is registered under a law of a State or Territory relating to the registration of interests in land--the folium of the register in which interests in the land are registered, or the duplicate certificate of title for the land, is expressed in, or contains or refers to a plan expressed in, units of measurement other than Australian legal units of measurement (whether or not also expressed in Australian legal units of measurement); or

  (b)   in any other case--all the muniments of title for the land are expressed in, or contain or refer to a plan expressed in, units of measurement other than Australian legal units of measurement (whether or not some of the muniments of title are also expressed in, or contain or refer to a plan that is also expressed in, Australian legal units of measurement).

  (5)   Nothing in this section shall be taken to affect the validity of a contract, dealing or other transaction, or any interest derived under a contract, dealing or other transaction, merely because the contract, dealing or other transaction contravenes subsection   ( 1).

  (6)   A person who makes or enters into a contract, dealing or other transaction that contravenes subsection   ( 1) commits an offence.

Penalty:   5 penalty units.