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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Transfer of Land (Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Crown grants in fee not to be in duplicate 2
5. Powers not to create certificates of title 3
6. Destruction of certificates of title 3
7. Power not to destroy certificates of title 3
27BA. Power not to destroy certain certificates of title 3
8. Crown grants converted to folios of the Register 4
9. Regulation-making powers for fees etc. 5
10. Consequential amendment to Land Act 5
ENDNOTES 7
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541186B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 2 May 2001
A BILL
to amend the Transfer of Land Act 1958 in relation to the powers of
the Registrar of Titles with respect to the creation and deletion of
folios of the Register, to provide for the fixing of differential fees by
regulation, to make consequential amendments to the Land Act 1958
and for other purposes.
Transfer of Land (Amendment) Act
2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Transfer of Land Act 1958--
(a) in relation to the conversion of Crown grants
5 to folios of the Register; and
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541186B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Transfer of Land (Amendment) Act 2001
s. 2
Act No.
(b) to give further powers to the Registrar of
Titles in relation to--
(i) destroying certificates of title which are
no longer current; and
5 (ii) producing certificates of title for folios
of the Register which will be
immediately amended, substituted or
deleted; and
(c) to provide for power to make regulations
10 relating to differential amounts, fees and
charges in certain circumstances.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
15 3. Principal Act
See:
In this Act, the Transfer of Land Act 1958 is Act No.
called the Principal Act. 6399.
Reprint No. 13
as at
26 August
1999
and
amending
Act No.
74/2000.
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4. Crown grants in fee not to be in duplicate
(1) In section 8 of the Principal Act, for sub-section
20 (2) substitute--
"(2) The Crown grant of that land--
(a) must be delivered to the Registrar; and
(b) in the case of a Crown grant by way of
perpetual lease or for years, must be in
25 duplicate.".
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Transfer of Land (Amendment) Act 2001
s. 5
Act No.
(2) In section 8 of the Principal Act, sub-section (3) is
repealed.
5. Powers not to create certificates of title
(1) In section 27B(7) of the Principal Act, for "On--"
5 substitute "Subject to sub-section (7A), on--".
(2) In section 27B of the Principal Act, after sub-
section (7) insert--
"(7A) The Registrar is not required to produce a
certificate of title for a folio of the Register if
10 that folio is to be amended, substituted or
deleted and a new folio immediately
created.".
6. Destruction of certificates of title
(1) In section 27(11)(b) of the Principal Act, after
15 "call in and" insert ", subject to section 27BA,".
(2) In section 27B(9) of the Principal Act, after "call
in and" insert ", subject to section 27BA,".
(3) In section 27B(11) of the Principal Act, for "must
destroy" substitute ", subject to section 27BA,
20 must destroy".
7. Power not to destroy certificates of title
After section 27B of the Principal Act insert--
"27BA. Power not to destroy certain certificates of
title
25 (1) If a folio of the Register has been deleted,
the Registrar is not required to destroy the
certificate of title for that folio if the
Registrar ensures that the certificate of title
is marked, stamped or otherwise rendered
30 unusable to support any further transaction in
relation to land.
(2) The Registrar may return a certificate of title
which has been rendered unusable to support
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Transfer of Land (Amendment) Act 2001
s. 8
Act No.
any further transaction in relation to land to
the last registered proprietor shown on the
deleted folio of the Register to which that
certificate of title relates.".
5 8. Crown grants converted to folios of the Register
(1) In section 28(1) of the Principal Act, after "Crown
grants" insert "by way of perpetual lease or for
years".
(2) In section 28 of the Principal Act, after sub-
10 section (1) insert--
"(1A) On receipt of a Crown grant in fee, in
accordance with section 8, the Registrar
must--
(a) register the Crown grant; and
15 (b) create a folio of the Register for the
land to which the Crown grant relates;
and
(c) cancel the Crown grant.
(1B) When, in accordance with this Act, a
20 certificate of title is created for the folio of
the Register relating to the land referred to in
sub-section (1A) for delivery to the person
entitled to that certificate, the Registrar must
forward to that person a copy of the
25 applicable conditions, exceptions and
reservations relating to that land as contained
in the Crown grant.".
(3) In section 28 of the Principal Act, for sub-section
(3) substitute--
30 "(3) If a prescribed authority is registered as the
proprietor of an estate in fee in land under
the operation of this Act, unless the
prescribed authority makes a request to the
4
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Transfer of Land (Amendment) Act 2001
s. 9
10
Act No.
contrary, it is not necessary for a certificate
of title to be produced for the prescribed
authority, and the provisions of this Act shall
apply in relation to the land with any
5 modification required by this section.".
(4) In section 28(5) of the Principal Act, for "sub-
section (1)" substitute "this section".
9. Regulation-making powers for fees etc.
In section 120 of the Principal Act, after sub-
10 section (2) insert--
"(3) Regulations made under sub-section (2)(a),
(2)(aa) or (2)(c) may--
(a) vary according to differences in time,
place or circumstance; and
15 (b) provide for different amounts, fees,
charges and expenses for--
(i) different activities or classes of
activities; or
(ii) different cases or classes of cases;
20 or
(iii) different modes of providing any
service in respect of which those
amounts, fees, charges or
expenses apply.".
25 10. Consequential amendment to Land Act
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Transfer of Land (Amendment) Act 2001
Act No.
In section 371 of the Land Act 1958, omit "in See:
Act No.
duplicate" (where twice occurring).
6284.
Reprint No. 9
as at
24 September
1998
and
amending
Act Nos
76/1998,
85/1998,
30/2000,
69/2000 and
74/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
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Transfer of Land (Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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