(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; S. 2(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 67.1(a)). authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth; S. 2(1) def. of child inserted by No. 27/2001 s. 3(Sch. 1 item 12.1). child of a person includes a child of the person's spouse or domestic partner; S. 2(1) def. of conveyancer inserted by No. 75/2006 s. 192(Sch. 2 item 5.1). conveyancer means a licensee under the Conveyancers Act 2006; S. 2(1) def. of domestic partner inserted by No. 27/2001 s. 3(Sch. 1 item 12.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 54.1). 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;
which the purchaser was in actual occupation of the land the subject of the sale. S. 9A inserted by No. 9128 s. 8(1), amended by Nos 9427 s. 6(1)(Sch. 5 item 163), 9720 s. 3(2)(Sch. item 90), 44/1987 s. 36(2), repealed by No. 53/1988 s. 45(Sch. 2 item 64). * * * * * S. 10 amended by Nos 7228 s. 7(Sch. 5 Pt 3(a)(b)), 8661 s. 40(c)–(e), 121/1986 s. 112, substituted by No. 53/1988 s. 45(Sch. 2 item 64) (as amended by No. 47/1989 s. 19(ze)(i)). 10 Amendment affecting pre-sold lots s. 10 (1) If any amendment to a plan of subdivision is made after a prescribed contract of sale of a lot is entered into which restricts or limits the use of the lot the purchaser may avoid the sale at any time before the plan of subdivision is registered unless the amendment results from any recommendation of a public authority or government department. (2) A contract of sale may provide that subsection (1) does not apply in respect of the final location of an easement shown on a certified plan. S. 11 amended by No. 8661 s. 40(c)(e)(f), substituted by Nos 53/1988 s. 45(Sch. 2 item 64) (as amended by No. 47/1989 s. 19(ze)(ii)), 69/2006 s. 218. 11 Owners corporation must have insurance policy (1) A person cannot sell a lot affected by an owners corporation unless the vendor or the owners corporation has a current insurance policy in accordance with the Owners Corporations Act 2006 for any insurance required by that Act to be effected by the owners corporation.
S. 25 (Heading) inserted by No. 75/2006 s. 192(Sch. 2 item 5.6). New s. 25 inserted by No. 9423 s. 2(2). 25 Deposit moneys to be paid into special purpose account or held by legal practitioner, conveyancer or estate agent s. 25 S. 25(1) substituted by No. 9471 s. 4(a). (1) Any deposit moneys received by a vendor in the course of a transaction for the sale of land other than deposit moneys released pursuant to section 27 shall be paid within seven days after their receipt by the vendor— S. 25(1)(a) amended by Nos 35/1996 s. 453(Sch. 1 item 73.6(a)(i)), 75/2006 s. 192(Sch. 2 item 5.7). (a) to a conveyancer, an estate agent or legal practitioner acting for the vendor; or S. 25(1)(b) amended by Nos 35/1996 s. 453(Sch. 1 item 73.6(a) (ii)), 11/2001 s. 3(Sch. item 67.3(a)). (b) into a special purpose account in an authorised deposit-taking institution in to be nominated by the vendor in the joint names of the purchaser and the vendor. S. 25(2) amended by No. 9471 s. 4(b). (2) An account established under this section may be drawn upon only with the signature of both vendor and purchaser or the personal representative of the vendor or purchaser (as the case may be). S. 25(3) amended by Nos 35/1996 s. 453(Sch. 1 item 73.6(b)), 11/2001 s. 3(Sch. item 67.3(b)). (3) Nothing in this section shall impose any additional liability upon the authorised deposit-taking institution in respect of any money deposited pursuant to this section.
mortgage and to comply with subsections (1)(a) and (1)(b). S. 29J inserted by No. 6/2008 s. 33. 29J Failure of vendor to comply with requirement (1) If a purchaser serves a notice on a vendor under section 29H and the vendor, without lawful excuse, fails to convey or transfer the land to the purchaser— (a) the vendor is deemed to have breached a condition of the terms contract and the purchaser is entitled to all civil remedies for that breach; and (b) the vendor is guilty of an offence and liable to a penalty of not more than 60 penalty units, in the case of a natural person or 300 penalty units, in the case of a body corporate. (2) In this section a lawful excuse includes where the vendor disputes in good faith the purchaser's entitlement to serve the notice. S. 29K inserted by No. 6/2008 s. 33. 29K Subdivision to apply despite Trustee Act 1958 and other Acts s. 29J This Subdivision applies despite anything in the Trustee Act 1958 or in any other Act (other than the Charter of Human Rights and Responsibilities). S. 29L inserted by No. 6/2008 s. 33. 29L Arbitrator may determine questions Any question as to the sufficiency of any instrument of transfer, conveyance or mortgage submitted pursuant to this Subdivision is, in the absence of agreement between the parties, to be determined by an arbitrator.
(b) a description of any easement, covenant or other similar restriction affecting the land (whether registered or unregistered) and particulars of any existing failure to comply with the terms of that easement, covenant or restriction; (c) in the case of land to which a planning instrument applies a statement containing— (i) the name of the planning instrument; S. 32(2)(c)(ii) amended by No. 42/1989 s. 5(1)(c). (ii) the name of the responsible authority; s. 32 S. 32(2)(c)(iii) substituted by No. 121/1986 s. 112. (iii) the zoning of the land under that instrument or, in a case where the land is reserved under that instrument, the purpose for which it is reserved; S. 32(2)(c)(iv) inserted by No. 42/1989 s. 5(1)(d). (iv) where a planning instrument prohibits the construction of a dwelling house on land outside the metropolitan area, notice of such prohibition; S. 32(2)(ca) inserted by No. 42/1989 s. 5(1)(e). (ca) a warning to the following effect— 'Important notice to purchasers: The use to which you propose to put the property may be prohibited by planning or building controls applying to the locality or may require the consent or permit of the municipal council or other responsible authority. It is in your interest to undertake a proper investigation of permitted land use before you commit yourself to buy.';
S. 32(2)(cb) inserted by No. 44/2002 s. 30, amended by No. 10/2005 s. 3(Sch. 1 item 18). (cb) a warning to the following effect— 'Important notice to purchasers: The property may be located in an area where commercial agricultural production activity may affect your enjoyment of the property. It is therefore in your interest to undertake an investigation of the possible amenity and other impacts from nearby properties and the agricultural practices and processes conducted there.'; (d) in any case— s. 32 (i) the amount of any rates, taxes, charges or other similar outgoings affecting the land and any interest payable on any part of those rates, taxes, charges or outgoings which is unpaid including any rates, taxes, charges or outgoings for which the purchaser may become liable in consequence of the sale and which the vendor might reasonably be expected to have knowledge of; or (ii) a statement that the total amount of those rates, taxes, charges or other similar outgoings and interest does not exceed the sum specified; S. 32(2)(da) inserted by No. 23/2010 s. 17(1), amended by No. 31/2011 s. 29(1). (da) in the case of land in respect of which there is a GAIC recording (within the meaning of Part 9B of the Planning and Environment Act 1987), a warning to the following effect— 'Important notice to purchasers: You may be liable to pay a growth areas infrastructure contribution when you purchase this property. The instrument of transfer cannot be lodged for registration with the Registrar of Titles until the
contribution is paid in full or an exemption from, or reduction of, the whole or part of the liability to pay the contribution is granted and any remainder of the contribution is paid or there has been a deferral of the whole or part of the liability to pay the contribution or an approval has been given for staged payment of the contribution. The transfer may also be exempted from a growth areas infrastructure contribution in certain situations. It is in your interest to obtain advice as to any potential liability before you commit yourself to buy.'; S. 32(2)(db) inserted by No. 31/2011 s. 29(2). (db) whether the land, in accordance with a agreement (within the meaning of Part 9B of the Planning and Environment Act 1987), is— s. 32 (i) land that is to be transferred under the agreement; or (ii) land on which works are to be carried out under the agreement (other than Crown land); or (iii) land in respect of which a growth areas infrastructure contribution is imposed; S. 32(2)(e) substituted by No. 121/1986 s. 112, amended by Nos 53/1988 s. 45(Sch. 2 item 67), 48/1991 s. 54(1), 103/2004 s. 69. (e) particulars of any notice, order, declaration, report or recommendation of a public authority or government department or approved proposal affecting the land, including any notice of intention to acquire served under section 6 of the Land Acquisition and Compensation Act 1986, being a notice, order, declaration, report, recommendation or approved proposal of which the vendor might reasonably be expected to have knowledge;
S. 41 inserted by No. 41/2003 s. 3. 41 Permissible vendor bids (1) Despite section 38(2), the auctioneer of land at a public auction may make a bid on behalf of a vendor of the land if— (a) the conditions under which the auction is conducted permit the making of the bid; and (b) before any bidding started, the auctioneer orally declared at the auction that the conditions permit the making of the bid; and S. 41(1)(c) amended by No. 103/2004 s. 70(3). (c) immediately before, or in the process of, making the bid, the auctioneer audibly states that the bid is being made on behalf of the vendor; and S. 41(1)(d) inserted by No. 103/2004 s. 70(4). (d) the bid is not made on behalf of a vendor who is a co-owner to enable the vendor to purchase the interest of a co-owner in the land. (2) It is sufficient compliance with the requirement under subsection (1)(c) to identify a bid as a vendor bid if the auctioneer states "vendor bid" in making the bid. (3) It is not sufficient compliance with the requirement under subsection (1)(c) to identify a bid as a vendor bid if the auctioneer merely identifies the vendor by name without stating that the vendor is a vendor. S. 42 inserted by No. 41/2003 s. 3. 42 Offence to falsely acknowledge bid s. 41 A person at a public auction of land must not falsely claim to have made a bid, or falsely acknowledge that he or she made a bid. 240 penalty units.
S. 48B(4)(a) amended by No. 21/2012 s. 239(Sch. 6 item 40.2). (a) a person appointed under section 142 of the Australian Consumer Law and Fair Trading Act 2012; (b) a member of the police force; (c) a person authorised in writing by the Director of Consumer Affairs Victoria. s. 48B ————————— Pt 3 (Heading) amended by No. 63/2010 s. 60(1). Pt 3 (Heading and ss 26–28) repealed by No. 7332 s. 4(Sch. 2), new Pt 3 (Heading and s. 37) inserted by No. 44/2002 s. 31. S. 37 renumbered as s. 49 by No. 41/2003 s. 5(2). 49 Application of amendment to section Legislation (Amendments and Repeals) Act 2002 s. 49 Despite the commencement of section 30 of the Agriculture Legislation (Amendments and Repeals) Act 2002, section 32, as in force immediately before that commencement, continues to apply to any contract for the sale of land entered into before that commencement. S. 50 inserted by No. 23/2010 s. 18. 50 Transitional provision—Purchaser may deduct growth areas infrastructure contribution from purchase price Agriculture
Assent Date: 5.1.83 Commencement Date: 2.5.83: Government Gazette 8.4.83 p.753 : All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: s. 3(2) : All of Act in operation of Land (Allotments) Act 1985, No. 10216/1985 Assent Date: 3.12.85 Commencement Date: 1.1.86: Government Gazette 18.12.85 p. 4697 : All of Act in operation Supreme Court Act 1986, No. 110/1986 Assent Date: 16.12.86 Commencement Date: 1.1.87: s. 2 : All of Act in operation Land Acquisition and Compensation Act 1986, No. 121/1986 Assent Date: 23.12.86 Commencement Date: 29.11.87: Government Gazette 25.11.87 p. 3224 : All of Act in operation Endnotes House Contracts Guarantee Act 1987, No. 44/1987 Assent Date: 19.5.87 Commencement Date: S. 36 on 1.5.88: Government Gazette 30.3.88 p. 752 : This information relates only to the provision/s amending the of Land Act 1962 Planning and Environment Act 1987, No. 45/1987 Assent Date: 27.5.87 Commencement Date: S. 205(Sch. item 123) on 16.2.88: Government Gazette 10.2.88 p. 218 : This information relates only to the provision/s amending the of Land Act 1962 Subdivision Act 1988, No. 53/1988 (as amended by Nos 18/1989, 47/1989) Assent Date: 31.5.88 Commencement Date: 30.10.89: Government Gazette 4.10.89 p. 2532 : All of Act in operation Transfer of Land (Computer Register) Act 1989, No. 18/1989 Assent Date: 16.5.89 Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488 : All of Act in operation of Land (Amendment) Act 1989, No. 42/1989 Assent Date: 6.6.89 Commencement Date: 30.10.89: Government Gazette 25.10.89 p. 2698 : All of Act in operation Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991