Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 27F

Construction of references

27F. Construction of references



(1) Where-

   (a)  this section provides that a reference to an expression is to be
        construed in a particular way; and

   (b)  the expression is used in-

   (i)  an Act other than this Act; or

   (ii) an instrument (including a subordinate instrument within the meaning
        of the Interpretation of Legislation Act 1984) made under an Act other
        than this Act; or

   (iii) any document whatever-

in relation to a matter arising under this Act, but the expression is not
defined-

the reference is to be construed as provided in this section, unless
inconsistent with the context or subject-matter.

(2) Where this section provides that a reference to one matter is to be
construed as including a reference to another matter, the reference is to be
so construed whether that other matter arose or arises before, on or after the
date of commencement of this section.

(3) In-

   (a)  this Act; and

   (b)  an instrument (including a subordinate instrument within the meaning
        of the Interpretation of Legislation Act 1984) made under this Act;
        and





   (c)  a provision of a document that relates to a matter under this Act-

a reference-

   (d)  to the Register includes a reference to the Register Book consisting
        of original registered Crown grants, original registered certificates
        of title and registered instruments; and

   (e)  to a folio of the Register includes a reference to a folium of the
        Register Book constituted by a certificate of title in or to the
        effect of the form in Part I of the Fifth Schedule as in force
        immediately before that date of commencement, or by a Crown grant; and

   (f)  to the creation of a folio of the Register includes a reference to the
        registration of a certificate of title in or to the effect of the form
        of Part I of the Fifth Schedule as in force immediately before that
        date of commencement, or the registration of a Crown grant; and

   (g)  to the registration of an instrument includes a reference to the
        making of an entry in, or the entering of an endorsement or memorandum
        in, the Register Book or on a registered instrument or the duplicate
        of a registered instrument; and

   (h)  to recordings or amendments in the Register includes a reference to
        the making or altering of recordings in, or the deletion of recordings
        from the Register and the creation, substitution or deletion of folios
        of the Register; and





        (i)    to the deletion of a folio from the Register includes a
               reference to the cancellation of a folium of the Register
               constituted by a Crown grant or by a certificate of title in or
               to the effect of the form in Part I of the Fifth Schedule as in
               force immediately before the date of commencement of this
               section; and

   (j)  to the making of a recording in the Register includes a reference to-

   (i)  the making of an entry or the entering of a memorandum in the Register
        Book; or

   (ii) the making of an endorsement, memorandum or entry on a registered
        instrument or duplicate instrument; and

   (k)  to a distinctive identifying reference of a folio of the Register
        includes a reference to the volume and folio number allocated to a
        folium of the Register Book; and

   (l)  to an ordinary folio includes a reference to a certificate of title in
        the form of Part I of the Fifth Schedule as in force immediately
        before the date of commencement of this section; and

   (m)  to a qualified folio includes a reference to a certificate of title in
        the form of Part I of the Fifth Schedule as in force immediately
        before the date of commencement of this section, on which there is
        noted a warning in the form of Part III of that Schedule, a warning in
        the form of Part IV of that Schedule or both those warnings; and





   (n)  to a limited folio includes a reference to-

   (i)  a certificate of title in the form of Part II of the Fifth Schedule as
        in force immediately before the date of commencement of this section;
        and

   (ii) a certificate of title in the form of Part I of the Fifth Schedule as
        in force immediately before the date of commencement of this section
        that includes a limitation in the form of Part II of that Schedule as
        in force on or after that date; and

   (o)  to the deletion of a recording from the Register includes a reference
        to the cancellation of any entry, memorandum or endorsement in the
        Register Book or on a duplicate instrument; and

   (p)  to the production of a certificate of title includes a reference to
        the issue of a duplicate Crown grant or a duplicate certificate of
        title in the form of Part I of the Fifth Schedule as in force
        immediately before that date of commencement; and

   (q)  to a certificate of title includes a reference to-

   (i)  the duplicate of a certificate of title in the form of Part I of the
        Fifth Schedule as in force immediately before the date of commencement
        of this section; and

   (ii) the duplicate of a registered Crown grant; and

   (r)  to creating a folio of the Register by recording a description of land
        and allocating a distinctive identifying reference to that recording,
        includes a reference to reserving a folium in the Register Book.