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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Conveyancing Amendment (Central
Register of Restrictions) Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Conveyancing Act 1919 No 6 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Conveyancing Amendment (Central
Register of Restrictions) Bill 2000
Act No , 2000
An Act to amend the Conveyancing Act 1919 to provide for the Central Register
of Restrictions; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Conveyancing Amendment (Central Register of Restrictions) Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Conveyancing Amendment (Central Register of
Restrictions) Act 2000.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Conveyancing Act 1919 No 6
The Conveyancing Act 1919 is amended as set out in Schedule 1.
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Conveyancing Amendment (Central Register of Restrictions) Bill 2000
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Part 24
Insert after Part 23:
Part 24 Central Register of Restrictions
205 Definitions
In this Part:
information agreement (see section 212).
participating party means a person who is a party to an
information agreement that provides for the recording in the
Central Register of information on behalf of the person.
the Central Register means the Central Register of Restrictions
established and maintained under this Part.
206 Establishment of the Central Register
(1) The Registrar-General is to establish and maintain a register to
be called the Central Register of Restrictions.
(2) The Central Register is to be kept in such form as the Registrar-
General considers appropriate.
207 Recording information in the Central Register
(1) The following kinds of information can be recorded in the
Central Register:
(a) information concerning a proposal that affects land, the
use of land or the alienation of land or an interest in
land,
(b) such other information with respect to land or an
interest in land as the Registrar-General considers
appropriate,
(c) such information as may be prescribed by the
regulations.
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Conveyancing Amendment (Central Register of Restrictions) Bill 2000
Schedule 1 Amendments
(2) Information can be recorded in the Central Register by the
Registrar-General either on behalf of the Registrar-General or
on behalf of a participating party and is to be recorded in such
manner and in accordance with such procedures as the
Registrar-General determines from time to time.
(3) The Registrar-General may permit a participating party access
to the Central Register for the purpose of enabling the
participating party to record information in the Central Register
as information recorded on behalf of the participating party.
208 Access to information in the Central Register
(1) The Registrar-General may provide a person with information
recorded in the Central Register, in such manner and on such
terms and conditions as the Registrar-General determines.
Information can be provided in such form as the Registrar-
General determines.
(2) Information recorded in the Central Register on behalf of a
participating party must not be provided to a person under this
section except as permitted by the information agreement
applicable to the information.
(3) The Registrar-General must not use, permit the use of or permit
access to information recorded in the Central Register on behalf
of a participating party except as permitted by the information
agreement applicable to the information.
209 Providing information on behalf of participating party
(1) An application for information to be provided by a
participating party (whether in the form of a certificate, an
answer to an inquiry or otherwise) can, in the case of
information recorded in the Central Register on behalf of the
participating party, be made to the Registrar-General as agent
for the participating party. The application is taken to have
been made to the participating party.
(2) When the Registrar-General provides information in response
to such an application, the Registrar-General provides the
information as agent for and on behalf of the participating party
and the information is, for all purposes, taken to have been
provided by the participating party.
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Conveyancing Amendment (Central Register of Restrictions) Bill 2000
Amendments Schedule 1
(3) The information can be provided in the form of a statement or
certificate or in such other form as may be appropriate to the
nature of the application.
210 Fees
(1) When an application for information is made to the
Registrar-General as agent for a participating party, any fee
payable to the participating party in respect of the application
is instead payable to the Registrar-General on behalf of the
participating party.
(2) The Registrar-General is entitled to deduct and retain from any
such fee such amount by way of service fee or commission:
(a) as may be authorised to be retained by, or as may be
required to be paid to, the Registrar-General (as
commission or otherwise) under the relevant
information agreement, or
(b) in the absence of any such authority or requirement in
the information agreement, as may be determined by the
Registrar-General following consultation with the
participating party.
(3) The Registrar-General is to pay the balance of the fees received
on behalf of a participating party to the participating party. The
relevant information agreement may provide for the method
and frequency of payment of the balance of fees to the
participating party.
211 Protection from liability
(1) Nothing done or omitted to be done in good faith by the
Registrar-General, or a person acting under the authority of the
Registrar-General, for the purpose of executing this Part
subjects the Registrar-General or a person so acting, the
Minister or the Crown to any action, liability, claim or demand.
(2) This section does not affect any liability (whether by way of
indemnity or otherwise) that the Registrar-General or the
Minister may have to a participating party under an information
agreement.
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Conveyancing Amendment (Central Register of Restrictions) Bill 2000
Schedule 1 Amendments
(3) This section does not affect any liability of a participating party
in respect of any act or omission by the Registrar-General, or
a person acting under the authority of the Registrar-General, on
behalf of the participating party.
212 Agreements
(1) The Registrar-General may enter into an agreement for the
purposes of this Part with a person on such terms and
conditions as the Minister approves. Such an agreement is
referred to in this Part as an information agreement.
(2) An information agreement may make provision for or with
respect to the following:
(a) the information to be recorded in the Central Register
on behalf of the person,
(b) the obligations of the parties with respect to the
accuracy of information recorded in the Central
Register,
(c) rights of indemnity between the parties,
(d) any matter that a provision of this Part contemplates
will be provided for by such an agreement,
(e) such other matters as the parties consider necessary or
desirable.
213 Rights and responsibilities of participating parties
(1) It is the responsibility of a participating party to ensure that the
information recorded in the Central Register on behalf of the
participating party is accurate and up to date.
(2) The recording of information in the Central Register on behalf
of a participating party does not confer any right of property in
respect of the information on the Registrar-General or any
other person and does not affect any right or responsibility of
the participating party as custodian or manager of the
information.
214 Consultation with participating parties
The Registrar-General must consult with participating parties
before changing:
(a) the form in which the Central Register is kept, or
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Conveyancing Amendment (Central Register of Restrictions) Bill 2000
Amendments Schedule 1
(b) the manner in which and the procedures in accordance
with which information is to be recorded in the Central
Register, or
(c) the manner in which information recorded in the Central
Register on behalf of a participating party is to be
provided to a person, or
(d) the form in which information recorded in the Central
Register is to be provided in response to an application
for information made to the Registrar-General on behalf
of a participating party.
215 Application to Real Property Act land
This Part applies to land under the provisions of the Real
Property Act 1900.
[2] Schedule 9 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Conveyancing Amendment (Central Register of Restrictions)
Act 2000
[3] Schedule 9, Part 4
Insert after clause 8:
Part 4 Provisions consequent on enactment of
Conveyancing Amendment (Central Register
of Restrictions) Act 2000
9 Existing agreements continued
An agreement in force immediately before the commencement
of this clause that makes provision for or with respect to the
matters for which an information agreement can make
provision under Part 24 continues to operate after that
commencement as an information agreement under that Part,
subject to the following:
(a) the agreement is taken to have been entered into by the
Registrar-General rather than the Minister,
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Conveyancing Amendment (Central Register of Restrictions) Bill 2000
Schedule 1 Amendments
(b) a reference to the Minister or to the Director of the Land
Titles Office is taken to be a reference to the Registrar-
General,
(c) the agreement is of no effect to the extent (if any) that it
is inconsistent with Part 24.
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