TRANSFER OF LAND ACT 1893 - SECT 181
TRANSFER OF LAND ACT 1893 - SECT 181
181 . Regulations
(1AA) In this section
—
lodge includes deposit, present and file.
(1) The Governor may
make regulations for or with and respect to —
(a) the
parcels of land that may be included in one certificate of title; and
(b) the
type and quality of medium or media in or on which applications, instruments,
plans and diagrams and other documents to be presented for lodgment with the
Authority or registration or entry in the Register shall be presented; and
(ba) the
manner or manners in which applications, instruments, plans and diagrams and
other documents to be presented for lodgment with the Authority or
registration or entry in the Register may be presented; and
(bb) the
manner of, and the evidence required to prove, the execution or attestation of
applications, instruments, plans and diagrams and other documents to be
presented in an electronic medium for lodgment with the Authority or
registration or entry in the Register; and
(bc)
prescribing requirements relating to the lodgment of documents with the
Authority, the Commissioner or the Registrar, including (without limitation)
—
(i)
the types of document that can be lodged electronically
under the Electronic Conveyancing Act 2014 section 7(1);
(ii)
the form in which documents, or documents of a particular
class or type, can be lodged electronically under the Electronic Conveyancing
Act 2014 section 7(1);
(iii)
the documents that must be lodged or retained when a
document is lodged electronically under the Electronic Conveyancing Act 2014
section 7(1);
(iv)
how long documents must be retained;
(v)
the documents required to support or authenticate a
document lodged electronically under the Electronic Conveyancing Act 2014
section 7(1);
and
[(bd)
deleted]
(be)
prescribing requirements relating to certifications that must be included in
or with documents lodged with the Authority, the Commissioner or the Registrar
(whether electronically or in paper form), including (without limitation)
—
(i)
the matters that are required to be certified;
(ii)
the persons or classes of persons who can give
certifications;
(iii)
the form of certifications;
(iv)
the evidence showing the truth of a certification that
must be retained and how long the evidence must be retained;
and
(bf)
prescribing requirements relating to things (including consents, permissions
or approvals) that are required or authorised under this Act or any other
written law to accompany or be endorsed on, included in, lodged with or given
in relation to a document lodged with the Authority, the Commissioner or the
Registrar (whether electronically or in paper form), including (without
limitation) —
(i)
requiring or permitting action in relation to a thing to
be done by electronic means; and
(ii)
requiring or permitting a thing that otherwise would be
required or authorised to accompany or be endorsed on, included on, lodged
with or given in relation to a lodged document to be lodged or given
separately;
and
[(bg) deleted]
(bh)
prescribing requirements relating to the verification of the identity and
authority of persons who are parties to a conveyancing transaction or who sign
or authorise the signing of documents to be lodged with the Authority, the
Commissioner or the Registrar (whether electronically or in paper form),
including (without limitation) —
(i)
the standards to which identity and authority are to be
verified;
(ii)
the documents or classes of documents in relation to
which verification requirements apply;
(iii)
the persons or classes of persons who can undertake
verification;
(iv)
the evidence showing the steps taken to satisfy the
verification requirements that must be retained and how long the evidence must
be retained;
and
(bi)
prescribing requirements relating to applications made under this Act to the
Commissioner; and
(bj) the
manner in which notices under this Act must or may be given, including
(without limitation) requiring or permitting notices that must or may be given
to or by the Registrar or the Commissioner to be given by electronic means and
when any notice given under this Act is taken to have been received; and
(c)
prescribing the fees which may be charged for the purposes of this Act
including the indemnity of any amount payable out of the Consolidated Account
under Part XII that is not recovered under Part XI; and
(d)
prescribing forms for the purposes of this Act including forms for alternative
use or to be used in substitution for or in addition to the forms in the
Schedules; and
(e) all
matters and things authorised to be prescribed or necessary or expedient to be
prescribed to give effect to this Act.
(1a) On the coming
into operation of the Land Information Authority Act 2006 section 113(1) (the
commencement ), regulations made by the Commissioner under subsection (1)
before the commencement become of the same effect as if they were made by the
Governor under subsection (1) as amended by the Land Information Authority
Act 2006 section 113(1).
(2) The Registrar may,
with the approval of the Governor and after consultation with the Land
Surveyors Licensing Board constituted under the Licensed Surveyors Act 1909 ,
make regulations providing direction and guidance for licensed surveyors
performing surveys authorised or required within the meaning of the definition
of authorised survey in section 3 of the Licensed Surveyors Act 1909 .
(2a) Subsection (1a)
does not prevent the Governor from amending regulations to which that
subsection applies.
[(3) deleted]
(4) Despite the
Interpretation Act 1984 sections 3(3) and 43(6), section 43(6) of that Act
applies in respect of regulations and rules made under a power conferred by
this Act.
[Section 181 inserted: No. 14 of 1972 s. 6;
amended: No. 126 of 1987 s. 36; No. 81 of 1996 s. 109; No. 24 of 2000
s. 42(3); No. 60 of 2006 s. 113 and 118(1); No. 77 of 2006 s. 4; No. 2 of 2014
s. 78; No. 32 of 2018 s. 258; No. 34 of 2020 s. 102(2); No. 21 of 2022 s. 35.]