Queensland Consolidated Acts Queensland Consolidated ActsIn this Act--
"agreement" means--
(a) a written contract of sale, or another instrument, under which a sale or purchase is entered upon; or
(b) an oral contract of sale under which a sale or purchase is entered upon that is enforceable because of--
(i) a memorandum or note satisfying the Property Law Act 1974, section 59;1 or
(ii) the common law doctrine of part performance.
"allotment" means a single parcel of land, other than a lot within the meaning of this Act, the boundaries of which are shown on a plan of survey registered under the Land Act 1994 or Land Title Act 1994.
"approved form" see section 35A.2
"building units plan" means a building units plan within the meaning of the Building Units and Group Titles Act 1980.
"disclosure plan" means a plan given, or to be given, to a purchaser of a proposed allotment under section 9.3
"disclosure statement" means a statement given, or to be given, to a purchaser of a proposed allotment under section 9.
"group titles plan" means a group titles plan within the meaning of the Building Units and Group Titles Act 1980.
"leasehold building units plan" means a leasehold building units plan within the meaning of the South Bank Corporation Act 1989.
"licensed surveyor" see the Surveyors Act 1977, section 5.4
"lot" includes a registered lot and a proposed lot.
"plan" includes a building units plan, a group titles plan and a leasehold building units plan.
"Planning Act" means the Integrated Planning Act 1997.
"proposed allotment" means a single parcel of land, other than a lot within the meaning of this Act, the boundaries of which are shown, or to be shown, on a plan of survey that is to be registered under the Land Act 1994 or Land Title Act 1994.
"proposed lot" means that which will become a registered lot upon--
(a) registration of a plan; or
(b) registration of a plan and recording of a community management statement for a community titles scheme under the Body Corporate and Community Management Act 1997.
"purchase" includes--
(a) agree to purchase;
(b) acquire an option to purchase;
(c) enter upon a transaction that has as its object the acquisition of a right (not immediately exercisable) to purchase or to be given an option to purchase;
(d) sign an instrument that is intended to legally bind a signatory to purchase;
(e) enter upon a transaction or sign an instrument with a view to any person securing or attempting to secure another's agreement to sell.
"real estate agent" means a person licensed under the Property Agents and Motor Dealers Act 2000 as a real estate agent.
"registered lot" means a lot shown on a plan registered under the Building Units and Group Titles Act 1980 or South Bank Corporation Act 1989, or a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997.
"registrable instrument of transfer" means--
(a) in respect of land that was a proposed allotment of freehold land at the time when a person entered upon the purchase thereof--a memorandum of transfer of the land in favour of that purchaser capable of immediate registration (subject to its being properly stamped under the Duties Act 2001) in the land registry; or
(b) in respect of land that was a proposed allotment of State leasehold land at the time when a person entered upon the purchase thereof--an instrument of transfer of the land in favour of that purchaser capable of immediate registration or noting (subject to its being properly stamped under the Duties Act 2001) in the land registry; or
(c) in respect of a lot that was a proposed lot at the time when a person entered upon the purchase thereof--a memorandum of transfer of the lot in favour of that purchaser capable of immediate registration (subject to its being properly stamped under the Duties Act 2001) in the land registry.
"registrar" means the chief executive of the department.
"sell" includes--
(a) agree to sell; and
(b) grant an option to purchase; and
(c) enter upon a transaction that has as its object the grant of a right (not immediately exercisable) to purchase or to be given an option to purchase; and
(d) procure a person to enter upon a purchase.
"State leasehold land" means land leased under the Land Act 1994 or a miners homestead under the Land Act 1994.5
"subdivision application" means an application made under the Planning Act, chapter 3, part 76 to subdivide land into proposed allotments (within the meaning of this Act).
"vendor's agent" means a person who procures another to purchase, other than--
(a) a vendor under a contract for sale of a proposed allotment or of a proposed lot; and
(b) a person who, if a contract for sale of a proposed allotment or of a proposed lot (the subject of the purchase) were made, would be a vendor thereunder; and
(c) a person who in the matter of the purchase in question acts only as agent for a purchaser.