South Australian Consolidated Acts South Australian Consolidated ActsIn this Act, unless the contrary intention appears—
"agent" has the same meaning as in the Land Agents Act 1994 ;
"allotment" has the same meaning as in Part 19AB of the Real
Property Act 1886 and in addition includes a community lot (not being a
strata lot) within the meaning of the Community Titles Act 1996 ;
"auction record"—see section 24J;
"authorised officer" means an authorised officer under the
Fair Trading Act 1987 ;
"bidders register"—see section 24J;
"business" includes a share of, or interest in, a business or the goodwill of
a business, but does not include a share in the capital of a body corporate;
"business day" means any day except a Saturday or a Sunday or other public
holiday;
"commission" includes any consideration (other than reimbursement of expenses)
to which an agent is entitled for services as an agent;
"Commissioner" means the Commissioner for Consumer Affairs;
"conveyancing instrument" means instrument as defined in the
Real Property Act 1886 ;
"date of settlement", in relation to a contract for the sale of land or a
business, means—
(a) if a
date is fixed by the contract for settlement—the date fixed by the
contract or some other date agreed by the parties in substitution for that
date;
(b) in
any other case—the date on which settlement takes place;
"encumbrance", in relation to land, includes—
(a) an
easement (other than a statutory easement not registered on the certificate of
title to the land that relates only to the provision of electricity, gas,
water, sewerage or telephone to the land); or
(b) a
right of way, restrictive covenant, writ, summons, warrant, caveat, lien,
notice, order, requirement, declaration, claim or demand; or
(c) any
other factor (whether similar or dissimilar to those mentioned in
paragraphs (a) and (b)) affecting, presently or prospectively, the title
to, or the possession or enjoyment of, the land;
"land" includes—
(a) an
interest in land; and
(b) an
exclusive right (whether deriving from the ownership of a share or interest in
a body corporate or partnership or arising in some other way) to the separate
occupation of land or a building or part of a building;
"legal practitioner" has the same meaning as in the Legal
Practitioners Act 1981 ;
"mortgage" means a legal or equitable mortgage;
"offer", in relation to the purchase of land or a business, includes a
statement of the price that the purchaser is willing to pay for the land or
business including such a statement made in a tender process, request for
expressions of interest or other similar process, but does not include a bid
in an auction;
"place of residence" means a building or part of a building used, or currently
designed for use, as a single dwelling, and includes outbuildings or other
appurtenances incidental to such a use;
"purchaser" means the person or persons named in a contract as purchaser or
purchasers or any one or more of them, and includes a prospective purchaser
and a person authorised to act on behalf of a purchaser or prospective
purchaser in relation to the transaction (whether or not an agent within the
meaning of the Land Agents Act 1994 );
"qualified accountant" means—
(a) a
person who has qualifications in accountancy required by regulation; or
(b) a
person experienced in accountancy who is approved by the Commissioner as a
suitable person to exercise the functions of a qualified accountant under Part
2;
"registered conveyancer" means a person registered as a conveyancer under the
Conveyancers Act 1994 ;
"residential land" means—
(a) land
on which a single place of residence or 2 places of residence are situated, or
in the course of construction, and on which there are no other improvements;
or
(b)
vacant land on which it is lawful to construct a place of residence; or
(c) a
community lot or unit under the Community Titles Act 1996 or the
Strata Titles Act 1988 comprising a single place of residence, whether
constructed or in the course of construction, including a place used or
designed for use for a purpose ancillary to the place of residence; or
(d) an
exclusive right (whether deriving from the ownership of a share or interest in
a body corporate or partnership or arising in some other way) to the separate
occupation of a single place of residence, whether constructed or in the
course of construction, including a place used or designed for use for a
purpose ancillary to the place of residence,
but does not include—
(e) land
or a community lot or unit that is used wholly for non-residential purposes;
or
(f) land
that is more than 2.5 hectares in area (or such other area as may be
prescribed); or
(g) an
exclusive right to the separate occupation of land referred to in
paragraph (e) or (f);
"sale" includes auction and exchange and "purchase" has a corresponding
meaning;
"sales agency agreement"—see section 20;
"sales representative" has the same meaning as in the Land
Agents Act 1994 ;
"small business"—see section 4;
"subdivided land" means any one or more allotments comprising vacant land
shown on a plan of division that has been—
(a)
approved under an Act; and
(b)
deposited in the Lands Titles Registration Office or the General Registry
Office at Adelaide,
but does not include allotments intended wholly or mainly for use for
agricultural, pastoral, horticultural or viticultural purposes;
"vacant land" means land on which no house or building suitable for human
occupation is built;
"vendor" means the person or persons named in a contract as vendor or vendors
or any one or more of them, and includes a prospective vendor and a person
authorised to act on behalf of a vendor or prospective vendor in relation to
the transaction (whether or not an agent within the meaning of the
Land Agents Act 1994 );
"vendor's statement" means the statement that the vendor of land or a small
business is required to serve under Part 2, and includes all certificates that
are required to be endorsed on or attached to the statement.