Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
1
Land Title Amendment
LAND TITLE AMENDMENT BILL 1994
EXPLANATORY NOTES
General Outline--Objectives of the Legislation
(i) to provide for the correction of a number of minor typographical
errors in the Land Title Act; and
(ii) to clarify the intents of a definition and a number of sections in
the Land Title Act.
Reasons for the Bill
The amendments proposed in the Bill are intended to allow the Land Title
Act to be improved operationally by clarifying various provisions in the
Land Title Act.
The opportunity has also be taken to correct a number of minor
typographical errors as well an to replace words where incorrect or
inappropriate words have been used.
The amendments are minor.
Estimated Cost for Government Implementation
There will be no costs to the Government.
Consultation
The agencies and persons consulted are the Office of the Cabinet, the
Queensland Law Society and to the Australian Bankers Association.
2
Land Title Amendment
NOTES ON PROVISIONS
Clause 1 is the short title.
Clause 2 provides that the Act shall commence on the same date as the
Land Title Act 1994 commences.
Clause 3 (1) amends the definition of "indefeasible title" to correctly refer
to section 38 (Meaning of "indefeasible title") rather than section 37
(Creation of indefeasible title).
Clause 3 (2) alters the definition of "mortgage" to allow a mortgage
lodged for registration to include a covenant charging personal property, for
example a boat or a car. However, registration of the instrument of
mortgage will only register the charge relating to the lot or an interest in the
lot referred to in the mortgage. The amendment also removes any doubt
that, in addition to a charge on a lot, a mortgage may charge an interest in a
lot, for example, a lease.
Clause 3 (3) makes it clear that a writ or execution includes a warrant of
execution in the District or Magistrates Court.
Clauses 4 (1) and 4 (2) allow a person to print a form for an instrument
provided the form is not sold.
Clause 5 makes it clear that the Registrar must issue a certificate of title
for a lot at the written request of the registered owner if the lot is not subject
to a registered mortgage.
Clause 6 requires the consent of a mortgagee or other registered
proprietor affected by registration of a plan of subdivision of a lot to be
given to the plan of subdivision.
Clause 7 corrects a minor typographical error.
Clause 8 (1) amends section 73(1)(c) by inserting the word "description"
in place of the word "acknowledgment". This amendment more accurately
reflects the true position of the mortgage debt or liability, eg. the mortgage
may be given to secure unspecified future debts or contingent liabilities.
Clause 8 (2) makes it clear that this provision refers to registered trustees
and is not intended to include trusts not recorded in the register.
Clause 9 adds a reference to an interest in a lot. This is necessary as
section 72 allows an interest in a lot to be mortgaged.
Clause 10 corrects a minor typographical error.
3
Land Title Amendment
Clause 11 makes it clear that a lapsing caveat may be lodged by an
equitable mortgagee.
Clause 12 adds words to make it clear that the person given the authority
to operate under a power of attorney may deal with land only to the extent
indicated in that instrument.
Clause 13 makes it clear that revoking or disclaiming a power of attorney
applies to all registered powers of attorney.
Clause 14 alters the section to make it clear that the witness is only
required to take reasonable steps to ensure that the individual is the person
entitled to sign the instrument.
Clause 15 omits section 179(2) to (8) as equivalent provisions have been
inserted into the Statutory Instruments Act 1992 and these are therefore
redundant.
© The State of Queensland 1994