New South Wales Consolidated Acts

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CONVEYANCING ACT 1919 - SECT 7

Definitions

7 Definitions

(1) In the interpretation of this Act, and of any rules or regulations made thereunder, unless the context or subject matter otherwise indicates or requires:

"Administrator" means administrator within the meaning of the Probate and Administration Act 1898 , and includes the NSW Trustee and Guardian acting as collector under an order to collect.

"Approved form" means a form approved by the Registrar-General for the purposes of the provision of this Act in which the expression is used.

"Assurance" includes a conveyance and a disposition made otherwise than by will; and
"assure" has a corresponding meaning.

"Bankruptcy" means any act or proceeding in law having, before or after the commencement of the Conveyancing (Amendment) Act 1972 , effects or results similar to those of bankruptcy, and includes the winding-up of a company under the Companies Act 1961 , the Companies (New South Wales) Code or the Corporations Act 2001 of the Commonwealth; and
"bankrupt" has a meaning corresponding with that of bankruptcy.

"Commonwealth" means Commonwealth of Australia, and
"Commonwealth Act" (with or without descriptive words) means an Act passed by the Parliament of the Commonwealth and includes any Act amending or substituted for the same.

"Conveyance" includes any assignment, appointment, lease, settlement, or other assurance by deed of any property; and
"convey" has a meaning corresponding with that of conveyance.

"Court" means the Supreme Court.

"Crown plan" means a plan (such as a county or parish map, a town or village map or a portion plan) that has been prepared by or on behalf of the Crown and is held by the Surveyor-General, and includes a registered plan that has been lodged for registration with the Registrar-General by or on behalf of the Crown.

"Current plan" has the meaning given by section 7A.

"Dealing" has the same meaning as it has in the Real Property Act 1900 .

"Deed" in relation to land under the provisions of the Real Property Act 1900 , includes a dealing having the effect of a deed under that Act.

"Disposition" includes a conveyance, and also an acknowledgment under section 83 of the Probate and Administration Act 1898 , vesting instrument, declaration of trust, disclaimer, release and every other assurance of property by any instrument except a will, and also a release, devise, bequest, or an appointment of property contained in a will; and
"dispose" has a corresponding meaning.

"Executor" means the executor to whom probate has been granted, and includes an executor by right of representation.

"Existing lot" means:
(a) a lot whose boundaries are shown in a current plan, or
(b) in relation to land that is not included in a current plan, any distinct lot or portion of land whose current boundaries are identified in the document or documents that evidence current legal interests in the land,
whether comprising the whole of a parcel, or 2 or more parts of a parcel separated by land reserved or acquired for a road, railway or other like purpose.

"General Register of Deeds" means the General Register of Deeds maintained under section 184C.

"Income" , when used with reference to land, includes rents and profits.

"Incumbrance" includes a mortgage in fee or for a less estate, and a trust for securing money, and a lien and a charge of a portion, annuity, or other capital or annual sum; and
"incumbrancee" has a meaning corresponding with that of incumbrance, and includes every person entitled to the benefit of an incumbrance, or to require payment or satisfaction thereof.

"Instrument" includes deed, will, and Act of Parliament.

"Land" includes tenements and hereditaments, corporeal and incorporeal, and every estate and interest therein whether vested or contingent, freehold or leasehold, and whether at law or in equity.

"Land under the provisions of the Real Property Act 1900" or any equivalent expression, means estates registered under that Act.

"Licensed conveyancer" means the holder of a licence in force under the Conveyancers Licensing Act 2003 .

"Mental disability" means the legal disability by reason of which the property of a person subject thereto may, pursuant to the law from time to time in force with respect to mental health, be committed to the management and care of another person.

"Minor" means a person under the age of eighteen years; and
"minority" has a corresponding meaning.

"Mortgage" includes a charge on any property for securing money or money’s worth; and
"mortgage-money" means money or money’s worth secured by a mortgage.

"Mortgagee" includes any person from time to time deriving title to the mortgage under the original mortgagee; and
"mortgagee in possession" means a mortgagee who in right of the mortgage has entered into and is in possession of the mortgaged property.

"Mortgagor" includes any person from time to time deriving title to the equity of redemption under the original mortgagor, or entitled to redeem a mortgage, according to the person’s estate, interest, or right in the mortgaged property.

"Mortgage" ,
"mortgagee" , and
"mortgagor" in relation to land under the provisions of the Real Property Act 1900 have the same meaning as in that Act.

"Order" includes judgment.

"Personal representative" means the executor or administrator for the time being of a deceased person.

"Possession" , when used with reference to land, includes the receipt of income therefrom.

"Power to postpone sale" means power to postpone in the exercise of a discretion whether separately expressed or implied by the terms of the trust for sale.

"Property" includes real and personal property, and any estate or interest in any property real or personal, and any debt, and any thing in action, and any other right or interest.

"Purchaser" means a purchaser for valuable consideration, and includes a lessee, mortgagee, or other person who for valuable consideration acquires an interest in property, except that in Part 4, Divisions 5 and 6
"purchaser" means only a person who acquires an interest in or charge on property for money or money’s worth; and purchase has a meaning corresponding with that of
"purchaser" .

"Registered" means registered in the appropriate register by the Registrar-General.

"Registered plan" means any of the following:
(a) a plan of subdivision, a plan of consolidation or a plan of identification (each within the meaning of section 195) that is registered in accordance with Division 3 of Part 23,
(b) a strata plan, strata plan of subdivision or strata plan of consolidation within the meaning of the Strata Schemes Development Act 2015 ,
(d) a plan that is registered for the purpose of showing either or both of the following:
(i) land that is proposed to be acquired, by agreement or compulsory process, under a provision of an Act (including a Commonwealth Act) that authorises the acquisition of land by compulsory process, or
(ii) the residue of land of which part is proposed to be so acquired,
(e) a plan (other than a plan referred to in paragraph (a)-(d)) that is registered or recorded by the Registrar-General for the purpose of showing a parcel in a lawful division of land.

"Regulations" means regulations made under this Act.

"Rent" includes yearly or other rent, toll, duty, royalty, or other reservation by the acre, the ton, or otherwise; and
"fine" includes premium or foregift, and any payment, consideration, or benefit in the nature of a fine, premium, or foregift.

"Sale" means only a sale properly so called.

"Securities" include stocks, funds, and shares.

"Trust corporation" means the NSW Trustee and Guardian or a trustee company or The Official Receiver in Bankruptcy or the trustee in whom is vested the property of a bankrupt.

"Trust for sale" means a binding trust for sale, whether or not exercisable at the request or with the consent of any person, and with or without a power at discretion to postpone sale.

"Trustee company" means a licensed trustee company within the meaning of Chapter 5D of the Corporations Act 2001 of the Commonwealth authorised by an Act of New South Wales to act as trustee.

"Trustees for sale" mean the persons holding property on trust for sale.

"Valuable consideration" includes marriage but does not include a nominal consideration in money.

"War damage" means damage caused by, or in repelling, enemy action, or by measures taken to avoid the spreading of the consequences of damage caused by, or in repelling, enemy action.

"Will" includes codicil.
(2)
(a) Any deed, will, agreement for a settlement, or other agreement, Act, or other instrument, or any number of instruments, whether made or passed before or after, or partly before and partly after the commencement of the Conveyancing (Amendment) Act 1930 , under or by virtue of which instrument or instruments any land on or after such commencement stands for the time being:
(i) limited to or in trust for any persons by way of succession, or
(ii) vested in, or limited in trust for a minor in possession,
creates, or is for the purposes of this Act a settlement, and is in this Act referred to as a settlement, or as the settlement, as the case requires:
Provided that where land is the subject of a compound settlement references in this Act to the settlement shall be construed as meaning such compound settlement, unless the context otherwise requires.
(b) Where a minor is beneficially entitled to land, and by reason of an intestacy or otherwise there is no instrument under which the interest of the minor arises or is acquired, a settlement shall be deemed to have been made by the intestate or by the person whose interest the minor has acquired.
(c) An estate or interest not disposed of by a settlement and remaining in or reverting to the settlor, or any person deriving title under the settlor, is for the purposes of this Act an estate or interest comprised in the subject of the settlement and coming to the settlor or such person under or by virtue of the settlement.



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