Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Real Property Act 1900:

(a) to enable the electronic lodgment of a notice of sale, and

(b) so that the Registrar-General may require a certificate of correctness in
relation to a notice of sale (whether or not the notice is lodged electronically),
and

(c) to clarify the circumstances in which compensation may be payable from the
Torrens Assurance Fund in relation to the details supplied in a notice of sale,
and

(d) to make other minor amendments.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

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Explanatory note page 2

Real Property Amendment (Land Transactions) Bill 2009
Explanatory note
Schedule 1 Amendment of Real Property Act 1900
No 25
Section 39 (1B) of the Real Property Act 1900 provides that the Registrar-General
may:

(a) refuse to accept for registration certain land dealings or applications relating
to a change in the name of a registered proprietor, or

(b) refuse to register such a dealing or application, or

(c) reject such a dealing or application,
if it is not accompanied by a fully completed notice in the approved form. The current
approved form is known as a notice of sale.

Schedule 1 [1] provides that a dealing or application is taken to be accompanied by
a notice of sale 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.

Schedule 1 [3] provides that 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) of the Real Property Act 1900) if a certificate of
correctness in relation to that notice is not completed in the specified manner.

Schedule 1 [4] makes a consequential amendment.

Schedule 1 [5] and [6] clarify that compensation is not payable in relation to any loss
or damage arising from the provision by the Registrar-General of information
supplied in a notice of sale except in relation to an error of the Registrar-General in
recording the details supplied in such a notice.

Schedule 1 [8] enables regulations of a savings or transitional nature to be made
consequent on the enactment of the proposed Act.

Schedule 1 [9] contains a transitional provision.

Schedule 1 [2] and [7] make statute law revision amendments.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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