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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Real Property Amendment (Land
Transactions) Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Real Property Act 1900 No 25 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, , 2009
New South Wales
Real Property Amendment (Land
Transactions) Bill 2009
Act No , 2009
An Act to amend the Real Property Act 1900 in relation to the lodgment and
registration of dealings; 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.
Assistant Speaker of the Legislative Assembly.
Clause 1 Real Property Amendment (Land Transactions) Bill 2009
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Real Property Amendment (Land Transactions)
Act 2009.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Real Property Amendment (Land Transactions) Bill 2009
Amendment of Real Property Act 1900 No 25 Schedule 1
Schedule 1 Amendment of Real Property Act 1900
No 25
[1] Section 39 Treatment of dealings that do not comply with requirements
Insert after section 39 (1B):
(1C) For the purposes of subsection (1B), a dealing or application is
taken to be accompanied by a notice in the approved form if,
before the presentation of the dealing or application, a notice
relating to the dealing or application is lodged electronically in a
form and in the manner approved by the Registrar-General.
[2] Section 117 Certificate of correctness
Insert "application," after "by whom the" in section 117 (1) (a).
[3] Section 117 (1A) and (1B)
Insert after section 117 (1):
(1A) The Registrar-General may reject, or may refuse to accept or to
take any action in relation to, any dealing accompanied by a
notice (in accordance with section 39 (1B)) unless:
(a) in the case of a notice lodged electronically--the dealing
is accompanied by a certificate to the effect that the notice
has been lodged electronically in a form and in the manner
approved by the Registrar-General and that the notice is
correct for the purposes of this Act, and
(b) in any other case--the notice bears a certificate to the
effect that the notice is correct for the purposes of this Act.
(1B) A certificate referred to in subsection (1A) must be signed by:
(a) the person lodging the dealing, or
(b) a party to the dealing, or
(c) a solicitor or agent acting for the person lodging, or a party
to, the dealing.
Page 3
Real Property Amendment (Land Transactions) Bill 2009
Schedule 1 Amendment of Real Property Act 1900 No 25
[4] Section 117 (2)
Omit "any such application, dealing or caveat".
Insert instead "any application, dealing, caveat or notice referred to in this
section".
[5] Section 129 Circumstances in which compensation payable
Insert at the end of section 129 (1) (f):
or
(g) any error of the Registrar-General in recording details
supplied in the notice referred to in section 39 (1B),
[6] Section 129 (2) (p)
Insert at the end of section 129 (2) (o):
, or
(p) where the loss or damage arises from the provision by the
Registrar-General of information supplied in the notice
referred to in section 39 (1B) (subject to
subsection (1) (g)).
[7] Section 144 Regulations
Insert "and" at the end of section 144 (1) (a).
[8] Schedule 3 Savings and transitional provisions
Insert at the end of clause 1 (1):
Real Property Amendment (Land Transactions) Act 2009
Page 4
Real Property Amendment (Land Transactions) Bill 2009
Amendment of Real Property Act 1900 No 25 Schedule 1
[9] Schedule 3, Part 9
Insert after Part 8:
Part 9 Real Property Amendment (Land
Transactions) Act 2009
24 Application of amendments
(1) Sections 39 (1C) and 117 (1A) or (1B), as inserted by the Real
Property Amendment (Land Transactions) Act 2009, apply in
respect of a dealing only if the relevant date for that dealing
occurs after the commencement of the relevant subsection.
(2) In this clause, relevant date means:
(a) if a contract has resulted in the execution of the dealing--
the date of the contract, or
(b) in any other case--the date of the acquisition of the land or
other event that gave rise to the dealing concerned.
Page 5
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