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PROPERTY LAW ACT 1958 - SECT 69 Receipt in deed or indorsed authority for payment to legal practitioner[21]

PROPERTY LAW ACT 1958 - SECT 69

Receipt in deed or indorsed authority for payment to legal practitioner[21]

S. 69(1) amended by Nos 23/1998 s. 8(2), 75/2006 s. 192(Sch.  2 item 4.1).

    (1)     Where a banker, legal practitioner or conveyancer produces a deed, having in the body thereof or indorsed thereon a receipt for consideration money or other consideration, the deed being executed, or the indorsed receipt being signed, by the person entitled to give a receipt for that consideration, or produces a duly executed instrument under the Transfer of Land Act 1958 the deed or instrument (as the case may be) shall be a sufficient authority to the person liable to pay or give the same for his paying or giving the same to the banker, legal practitioner or conveyancer, without the banker, legal practitioner or conveyancer producing any separate or other direction or authority in that behalf from the person who executed or signed the deed or receipt or instrument.

    (2)     This section shall apply whether the consideration was paid or given before or after the commencement of this Act.

S. 69(3) amended by No. 11/2001 s. 3(Sch. item 59.1(a) (b)).

    (3)     In this section instrument includes a discharge of mortgage and "banker" means a person acting in his or her official capacity as general manager or manager of any company solely or chiefly engaged in the ordinary business of banking or as the manager conducting for such company the business of any branch of an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth.

S. 69(4) inserted by No. 75/2006 s. 192(Sch.  2 item 4.2).

    (4)     In this section, "conveyancer" means a licensee under the Conveyancers Act 2006 .

No. 3754 s. 70.