Victorian Consolidated Legislation

Sale of Land Act 1962 - SECT 2

Definitions

2. Definitions



(1) In this Act unless inconsistent with the context or subject-matter-

arbitrator means a person appointed by the Governor in Council to be an
arbitrator for the purposes of this Act;

authorised deposit-taking institution has the same meaning as in the
Banking Act 1959 of the Commonwealth;



child of a person includes a child of the person's spouse or domestic partner;

conveyancer means a licensee under the Conveyancers Act 2006;

domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  a person to whom the person is not married but with whom the person is
        living as a couple on a genuine domestic basis (irrespective of
        gender);

land includes land of any tenure, and buildings or parts of buildings (whether
the division is horizontal, vertical or made in any other way) and other
corporeal hereditaments; and also an undivided share in land and any estate or
interest in land; legal practitioner means an Australian legal practitioner
within the meaning of the Legal Profession Act 2004;



mortgage includes any charge or lien on any land for securing money or money's
worth but does not include any such charge or lien which attaches to any land
by the operation of any enactment to secure an amount due for rates taxes or
charges payable to any statutory body or any such charge or lien in favour of
a service company to secure the performance by the proprietor of a stratum
estate of his obligations to the service company under a service agreement or
any floating charge on the whole or any part of the undertaking or property of
a corporation and the verb to mortgage shall have a corresponding
interpretation; mortgage money means money or money's worth secured by a
mortgage; mortgagor includes any person from time to time deriving title under
the original mortgagor or entitled to redeem a mortgage according to his
estate interest or right in the mortgaged property; mortgagee includes any
person at any time deriving title under the original mortgagee;

Part means Part of this Act;

prescribed means prescribed by or under this Act;

purchaser includes any person from time to time deriving an interest under a
contract of sale from the original purchaser under the contract;

regulations means regulations under this Act;

Registrar means the Registrar of Titles;

rules means rules under this Act;

sale includes an agreement for sale an offer to sell and the giving of an
option to purchase; and sell and sells shall have corresponding
interpretations;

Schedule means Schedule to this Act;

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spouse of a person means a person to whom the person is married;

terms contract has the meaning set out in section 29A;



vendor includes any person to whom the rights of a vendor under a contract
have been assigned.

(1A) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case.

(2) This Act does not bind the Crown but applies to any statutory body or
authority (whether or not it represents the Crown) in respect of any
subdivision of land.







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