S. 2(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 94.1). legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; S. 2(1) def. of mortgage amended by Nos 7052 s. 2(a), 7272 s. 2(1)(a). 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; s. 2 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; S. 2(1) def. of sale amended by No. 7272 s. 2(1)(b). 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; S. 2(1) def. of society inserted by No. 35/1996 s. 453(Sch. 1 item 73.1), repealed by No. 11/2001 s. 3(Sch. item 67.1(b)). * * * * * S. 2(1) def. of spouse inserted by No. 27/2001 s. 3(Sch. 1 item 12.1). spouse of a person means a person to whom the person is married; s. 2 S. 2(1) def. of terms contract substituted by No. 6/2008 s. 29(1). 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. S. 2(1A) inserted by No. 27/2001 s. 3(Sch. 1 item 12.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 54.2). (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
S. 8(1) amended by No. 53/1988 s. 45(Sch. 2 item 40). (1) Where any land which is subject to a mortgage is or has been subdivided into separate lots or parcels the mortgagor may require the mortgagee to apportion the mortgage moneys to the respective lots or parcels of land which are subject to the mortgage. S. 8(2) amended by No. 53/1988 s. 45(Sch. 2 items 40, 41). (2) If the mortgagee fails to apportion the mortgage moneys to the respective lots or parcels or if the mortgagor is dissatisfied with the proposed apportionment the mortgagor may apply to an arbitrator for a determination as to the amount to be apportioned to each such lot or parcel. S. 8(3) amended by No. 53/1988 s. 45(Sch. 2 item 40). (3) Where the mortgage moneys have been apportioned to the respective lots or parcels pursuant to this section the mortgagee shall on tender of— S. 8(3)(a) amended by No. 53/1988 s. 45(Sch. 2 item 41). (a) the amount apportioned to any particular lot or parcel; or S. 8(3)(b) amended by No. 53/1988 s. 45(Sch. 2 item 41). (b) a registrable instrument of mortgage to secure payment of all moneys apportioned to that lot or parcel— s. 8A execute and deliver to the mortgagor a discharge of the first-mentioned mortgage in so far as it relates to that lot or parcel. (4) A mortgage tendered under this section shall contain all such powers in favour of the mortgagee and all such covenants on the part of the mortgagor as are usual in mortgages and shall fully accord with and provide for the observance of all obligations of the mortgagor pursuant to the mortgage to be discharged and shall be prepared and registered at the cost of the mortgagor.
S. 9AAA inserted by No. 53/1988 s. 45(Sch. 2 item 51) (as amended by No. 47/1989 s. 19(zb)(i)(ii)), substituted by No. 69/2006 s. 217. 9AAA Insurance If an owners corporation for a plan of subdivision will be required by the Owners Corporations Act 2006 to effect insurance after the plan is registered, the vendor must effect insurance in accordance with that Act as if the vendor were the owners corporation, until— (a) if the owners corporation meets within 6 months after the plan is registered, the end of one month after its first meeting; and (b) in any other case, the end of 6 months after the plan is registered. s. 9AAA S. 9AB inserted by No. 10216 s. 5. 9AB Disclosure of works S. 9AB(1) amended by No. 53/1988 s. 45(Sch. 2 items 53, 54). (1) The vendor shall disclose in a prescribed contract of sale of a lot details of any works affecting the natural surface level of the land in the lot or any land abutting the lot which is in the same subdivision as the lot which to the vendor's knowledge— S. 9AB(1)(a) amended by No. 53/1988 s. 45(Sch. 2 item 52). (a) have been carried out on that land after the certification of the plan of subdivision and before the date of the contract; or (b) are at the date of the contract being carried out or proposed to be carried out on that land. S. 9AB(2) amended by No. 53/1988 s. 45(Sch. 2 items 53, 54). (2) The vendor under a prescribed contract of sale of a lot shall disclose to the purchaser details of any works affecting the natural surface level of the land in the lot or of any land abutting the lot which is in the same subdivision as the lot which have not been disclosed in the prescribed contract of sale and which to the vendor's knowledge—
S. 9AD(3) amended by No. 53/1988 s. 45(Sch. 2 item 58) (as amended by No. 47/1989 s. 22(c)). (3) The vendor shall allow the purchaser under a prescribed contract of sale reasonable access to the lot for any purpose connected with the proposed development or use of the lot. S. 9AD(4) inserted by No. 53/1988 s. 45(Sch. 2 item 58) (as amended by No. 47/1989 s. 19(zc)). (4) This section does not apply to possession of a lot by a purchaser in consideration of a payment of an occupation fee. S. 9AE inserted by No. 10216 s. 5. 9AE Rescission of prescribed contract s. 9AE S. 9AE(1) amended by Nos 53/1988 s. 45(Sch. 2 items 60, 61), 56/2012 s. 27. (1) If the vendor under a prescribed contract of sale of a lot fails to comply with section 9AA(1) or (2) or 9AB the purchaser may rescind the contract of sale at any time before the registration of the plan of subdivision. S. 9AE(2) amended by Nos 53/1988 s. 45(Sch. 2 items 60, 62) (as amended by No. 47/1989 s. 19(zd)), 48/1991 s. 55(3)(a)(b). (2) If the plan of subdivision is not registered within 18 months after the date of the prescribed contract of sale of a lot on that plan of subdivision, or, if the contract specifies another period, before the end of that specified period, the purchaser may, at any time after the expiration of that period but before the plan is so registered, rescind the contract. S. 9AF inserted by No. 10216 s. 5. 9AF Repayment of deposit moneys (1) If— S. 9AF(1)(a) amended by No. 53/1988 s. 45(Sch. 2 item 63). (a) the vendor rescinds a prescribed contract of sale of a lot as a result of a default by the purchaser, the vendor shall be immediately
(a) within ninety days of service; (b) within any extension of time agreed to by the parties within ninety days of the service; or (c) within the time allowed by an arbitrator on application made within ninety days of the service— whichever is the longer. 16 Offences s. 16 S. 16(1) amended by Nos 7272 s. 5(a), 9554 s. 2(2)(Sch. 2 item 288). (1) Any person who sells any land in contravention of the provisions of this Act shall be guilty of an offence against this Act and where no other penalty is expressly provided be liable to a penalty of not more than 10 penalty units. S. 16(2) amended by No. 7272 s. 5(b), repealed by No. 103/2004 s. 68. * * * * * S. 16(3) repealed by No. 103/2004 s. 68. * * * * * S. 16(4) inserted by No. 7272 s. 5(c), amended by No. 68/2009 s. 97(Sch. item 107). (4) Notwithstanding anything in this section it shall be a defence to a prosecution under this section if the accused satisfies the court— (a) that at the time of the alleged contravention of the provisions of this Act— S. 16(4)(a)(i) amended by No. 9428 s. 3(1). (i) he was a licensed estate agent within the meaning of the Estate Agents Act 1980; and (ii) he had acted only as agent for the vendor in connexion with the sale; and
S. 22 amended by Nos 7052 s. 2(j), 104/1994 s. 35(Sch. 2 item 11). 22 Regulations s. 22 The Governor in Council may make regulations for or with respect to applications to and proceedings before arbitrators including regulations fixing the fees to be paid on or with respect to any such application or proceedings. Pt 1 Div. 3 (Heading and ss 23–28) inserted by No. 9423 s. 2(2). Division 3—Deposits New s. 23 inserted by No. 9423 s. 2(2). 23 Definitions In this Division unless inconsistent with the context or subject-matter— S. 23 def. of commission amended by No. 74/2000 s. 3(Sch. 1 item 112). commission has the same meaning as in section 4 of the Estate Agents Act 1958; S. 23 def. of deposit moneys amended by Nos 9471 s. 2, 9549 s. 2(1)(Sch. item 202). deposit moneys in relation to a transaction for the sale of land includes any moneys which are part of the purchase price received by the vendor or on behalf of the vendor before the purchaser becomes entitled to a transfer or conveyance of the land which is the subject of the transaction, or in the case of a terms contract any moneys received by the vendor or on behalf of the vendor before the purchaser becomes entitled to possession or to the receipt of rent and profits pursuant to the contract; S. 23 def. of estate agent amended by No. 11/2002 s. 3(Sch. 1 item 58). estate agent has the same meaning as in section 4 of the Estate Agents Act 1980;
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
(iii) details of any proposals relating to subsequent stages that are known to the vendor; and (iv) a statement of the contents of any permit under the Planning and Environment Act 1987 authorising the staged subdivision; S. 32(3)(c) amended by No. 48/1991 s. 54(2)(b)(ii). (c) in the case of land which is the subject of a strata subdivision, a copy of (or a reproduction provided by the Registrar of or a statement provided by the Registrar as to the information in) the plan of strata subdivision which has been registered under the Strata Titles Act 1967, or where the plan has not been registered or a proposed plan of redevelopment has not been approved, a copy of the plan which is proposed to be registered or approved; S. 32(3)(d) amended by No. 48/1991 s. 54(2)(b)(iii). (d) in the case of land which is the subject of a cluster subdivision, a copy of (or a reproduction provided by the Registrar of or a statement provided by the Registrar as to the information in) the plan of cluster subdivision which has been registered under the Cluster Titles Act 1974 or where the plan has not been registered or a proposed plan of redevelopment has not been approved, a copy of the plan which is proposed to be registered or approved; and S. 32(3)(e) amended by Nos 48/1991 s. 54(2)(b)(iv), 23/2010 s. 17(2). s. 32 (e) in the case of a building or building and land which has been subdivided under section 97 of the Transfer of Land Act 1958, a copy of (or a reproduction provided by the Registrar of or a statement provided by the Registrar as to the information in) the plan of subdivision which has been approved by the Registrar;
(9) Where a vendor and purchaser have entered into a contract for the sale of land in respect of which statements under this section have been given and that vendor and purchaser enter into a subsequent contract in relation to the same land in substantially the same terms as the original contract the vendor shall not be required in respect of the subsequent contract to give to the purchaser the statements required by this section. S. 32(10) inserted by No. 26/2001 s. 17. (10) It is and is to be taken always to have been sufficient compliance with subsection (1A)(c) if particulars are or were given of a HIH policy (within the meaning of Part 6 of the House Contracts Guarantee Act 1987) applying to the residence. S. 32(11) inserted by No. 54/2010 s. 80. (11) To avoid doubt, an agreement to transfer a forest carbon right within the meaning of the Climate Change Act 2010 is not a contract of sale of land for the purposes of this section. S. 33 inserted by No. 9858 s. 3, amended by Nos 35/1996 s. 453(Sch. 1 item 73.10), 27/2001 s. 3(Sch. 1 item 12.3), repealed by No. 6/2008 s. 34. * * * * * Division 3—Insurance S. 34 inserted by No. 9858 s. 3. 34 Power of purchaser to rescind contract where house destroyed s. 34
(b) a growth areas infrastructure contribution is to be imposed in respect of the transfer; and (c) the contract contains a term requiring the vendor to pay any growth areas infrastructure contribution that may be imposed in respect of the transfer. (2) The purchaser under the contract for the sale of the land, on the settlement of the contract, may deduct from the purchase price the amount of the growth areas infrastructure contribution that the purchaser is liable to pay in respect of the transfer of the land at the time of the settlement. (3) The purchaser may deduct an amount from the purchase price despite any term of the contract that is inconsistent with the deduction of such an amount. (4) In this section settlement in relation to a contract for the sale of land, means the time at which the purchaser becomes entitled to possession or to the receipt of rents and profits. s. 50 Note Under Part 9B of the Planning and Environment Act 1987, the vendor, before settlement of a contract for the sale of land to which this section applies, may apply to the Growth Areas Infrastructure Contribution Hardship Relief Board established under that Part for relief for the purchaser from any liability to pay a growth areas infrastructure contribution to be imposed in respect of the transfer of the land. If this relief is provided, then at the time of settlement the amount of the contribution that the purchaser is liable to pay may have been partly or wholly reduced or the purchaser may have been exempted from paying the whole of the contribution. In that case the purchaser will only have the right to deduct the amount of the contribution remaining to be paid (if any) at the time of settlement.
Sch. 1(e) substituted by No. 7052 s. 2(k)(i). (e) Instalments under the mortgage must be made as follows: 3 Amount at intervals. (f) The vendor is 1 not in default under the mortgage. 1 in default under the mortgage in the following respects: Sch. 1(g) inserted by No. 42/1989 s. 4(f). (g) At the date of giving these particulars, the amount required to discharge the mortgage is; Sch. 1(h) inserted by No. 42/1989 s. 4(f). (h) The mortgagee's name and address are as follows: Name: Address: Sch. 1(i) inserted by No. 42/1989 s. 4(f). (i) (to be completed if the contract is a terms contract and the consideration is to be satisfied in part by the purchaser assuming the obligations of the mortgagor)— the mortgagee— 1 has consented to the purchaser assuming the mortgagor's obligations under the mortgage— 1 has not consented to the purchaser assuming the mortgagor's obligations under the mortgage. 4 Footnote amended by No. 7052 s. 2(k)(ii). 1 As the case requires. Sch. 1 2 Insert summary of relevant provisions. 3 Not required if mortgage does not provide for repayment by instalments. 4 Give details of defaults. _______________ Sch. 2 inserted by No. 42/1989 s. 5(2). SCHEDULE 2 Sch. 2 Deposit payable $
Assent Date: 11.2.08 Commencement Date: S. 60(Sch. item 12) on 12.2.08: s. 2(1) : This information relates only to the provision/s amending the of Land Act 1962 Consumer Credit () and Other Acts Amendment Act 2008, No. 6/2008 Assent Date: 18.3.08 Commencement Date: Ss 29–35 on 31.10.08: Government Gazette 30.10.08 p. 2530 : This information relates only to the provision/s amending the of Land Act 1962 Relationships Act 2008, No. 12/2008 Endnotes Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 54) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the of Land Act 1962 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 107) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the of Land Act 1962 Consumer Affairs Legislation Amendment Act 2010, No. 1/2010 Assent Date: 9.2.10 Commencement Date: S. 75 on 1.3.10: Government Gazette 25.2.10 p. 351 : This information relates only to the provision/s amending the of Land Act 1962 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010 Assent Date: 1.6.10 Commencement Date: Ss 17, 18 on 1.7.10: Special Gazette (No. 242) 25.6.10 p. 1 : This information relates only to the provision/s amending the of Land Act 1962 Climate Change Act 2010, No. 54/2010 Assent Date: 14.9.10 Commencement Date: S. 80 on 1.7.11: s. 2(2) : This information relates only to the provision/s amending the of Land Act 1962 Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010 (as amended by Nos 29/2011, 56/2012)