S. 9AA(1) amended by Nos 53/1988 s. 45(Sch. 2 items 44, 46), 48/1991 s. 55(1)(a)(b). (1) A person shall not sell a lot in a plan of subdivision (whether certified or not) to anyone except a statutory body or authority if the plan has not been registered by the Registrar, unless— S. 9AA(1)(a) amended by No. 53/1988 s. 45(Sch. 2 item 45). (a) the contract for the sale of that lot provides that the deposit moneys payable by the purchaser are to be paid— S. 9AA(1)(a)(i) amended by Nos 53/1988 s. 45(Sch. 2 item 45), 35/1996 s. 453(Sch. 1 item 73.2(a)(i)), 75/2006 s. 192(Sch. 2 item 5.2). (i) to a legal practitioner, conveyancer or licensed estate agent acting for the vendor to be held by the legal practitioner, conveyancer or licensed estate agent on trust for the purchaser until the registration of the plan of subdivision; or S. 9AA(1)(a)(ii) amended by Nos 53/1988 s. 45(Sch. 2 item 45), 35/1996 s. 453(Sch. 1 item 73.2(a) (ii)), 11/2001 s. 3(Sch. item 67.2(a)). (ii) into a special purpose account in an authorised deposit-taking institution in Victoria specified by the vendor in the contract in the joint names of the purchaser and the vendor until the registration of the plan of subdivision; and s. 9AA S. 9AA(1)(b) amended by No. 53/1988 s. 45(Sch. 2 item 45). (b) the deposit moneys payable under the contract do not exceed 10 per cent of the purchase price of the lot. S. 9AA(2) amended by No. 53/1988 s. 45(Sch. 2 items 46, 47). (2) The deposit moneys paid by the purchaser prior to the registration of the plan under a prescribed contract of sale of a lot shall be paid (as the case requires)—
S. 30(4) inserted by No. 85/2006 s. 173(Sch. 1 item 12.2). (4) An Order made under subsection (3) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether— (a) wholly or partially or as amended by order or other instrument; or (b) as formulated, issued, prescribed or published at the time the order is made or at any time before then. S. 30(5) inserted by No. 85/2006 s. 173(Sch. 1 item 12.2). (5) Subsection (4) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment. Division 1—Cooling-off periods S. 31 inserted by No. 9858 s. 3. 31 Power of purchaser to terminate a contract for sale of land s. 31 S. 31(1) amended by Nos 42/1989 s. 6(b), 41/2003 s. 4(b). (1) This section applies to a contract for the sale of land other than— (a) land used primarily for industrial or commercial purposes; and (b) land which is more than 20 hectares and is used primarily for farming— together with chattels (if any). (2) Where a purchaser under a contract for the sale of land signs that contract he may at any time before the expiration of three clear business days after he has signed the contract give notice to the vendor that he wishes to terminate the contract and where he has signed that notice and given it in accordance with the provisions of this section the contract shall be terminated.
S. 32(2)(ea) inserted by No. 42/1989 s. 5(1)(f). (ea) a list of the following services, indicating in respect of each whether the service is connected to the land and, in the case of any service connected, the name of the authority supplying the service: Electricity supply; Gas supply; Water supply; Sewerage; s. 32 Telephone services; S. 32(2)(eaa) inserted by No. 121/1994 s. 210(1). (eaa) in the case of any water supply or sewerage service connected to the land that is not of the standard level available in the locality, particulars of the level of service provided; S. 32(2)(eb) inserted by No. 42/1989 s. 5(1)(f). (eb) a warning to the effect that purchasers should check with the appropriate authorities as to the availability of, and the cost of providing, any essential services not connected to the land; S. 32(2)(ec) inserted by No. 42/1989 s. 5(1)(f). (ec) if there is no access to the property by road, a statement that there is no such access; S. 32(2)(f) substituted by No. 42/1989 s. 5(1)(g). (f) in the case of a terms contract where the purchaser is obliged to make two or more payments to the vendor after the execution of the contract and before the purchaser is entitled to a conveyance or transfer of the land, the information set out in Schedule 2; and (g) where the contract does not provide for the land to remain at the risk of the vendor until the purchaser becomes entitled to possession or receipt of rents and profits particulars of any policy of insurance maintained by the
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 S. 34(1) amended by Nos 35/1996 s. 453(Sch. 1 item 73.11), 75/2006 s. 192(Sch. 2 item 5.9) (as amended by No. 17/2007 s. 32(3)). (1) Where a contract for the sale of land upon which there is a dwelling-house has been entered into, and where the dwelling-house is so destroyed or damaged as to be unfit for occupation as a dwelling-house, before the purchaser becomes entitled to possession or to the receipt of rents and profits he may, at his option, rescind the contract by notice in writing given to the vendor or his
(b) the conditions under which the auction is conducted permit the making of bids by a vendor to purchase the interest of another coowner in the land; and (c) before any bidding started, the auctioneer orally declared at the auction that a vendor may make bids to purchase the interest of a co-owner in the land. S. 38(7) inserted by No. 103/2004 s. 70(1). (7) In subsection (6), co-owner means a joint tenant, whether at law or in equity or a tenant in common, whether at law or in equity, of the land. S. 39 inserted by No. 41/2003 s. 3. 39 Offences by auctioneers s. 39 (1) The auctioneer of land at a public auction must not accept a bid at the auction if he or she knows that the bid was made by, or on behalf of, a vendor of the land. 240 penalty units. (2) The auctioneer of land at a public auction must not acknowledge the making of a bid at the auction if no bid was made. 240 penalty units. S. 39(3) inserted by No. 103/2004 s. 70(2). (3) Subsection (1) does not apply to a bid made in accordance with section 38(6). S. 40 inserted by No. 41/2003 s. 3. 40 Offence to procure dummy bid A person must not procure another person to make a bid at a public auction of land that is contrary to section 38. In the case of a body corporate: 600 penalty units. In any other case: 240 penalty units.
conditions, and either wholly or to the extent specified; (g) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations. s. 48 __________________ Pt 2A (Heading and s. 48A) inserted by No. 103/2004 s. 71. S. 48A inserted by No. 103/2004 s. 71. 48A Application of Fair Trading Act 1999 s. 48A S. 48A(1) amended by No. 17/2007 s. 36(Sch. item 13.1). (1) Sections 106HA, 143 and 144 and Division 2 of Part 11 (except section 155) of the Fair Trading Act 1999 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Fair Trading Act 1999 were a reference to this Act. S. 48A(1AA) inserted by No. 2/2008 s. 60(Sch. item 12). (1AA) For the purposes of subsection (1), section 152A of the Fair Trading Act 1999 applies as if— (a) a reference in that section to any section of the Fair Trading Act 1999 were a reference to section 106HA of that Act (as applied by subsection (1)); and (b) section 152A(2) did not apply.
When repayments due Date Annual percentage interest rate % *1 Whether variable Yes/No *2 Total interest payable $ Charge for late payment $ NOTES: *1. The annual percentage rate is the percentage rate which, as applied to the daily unpaid balance of purchase money excluding interest (if shown in the contract) or, if that is not shown in the contract, the lowest cash price at which the land might be bought, will yield the amount equal to the total interest. *2. Delete where inapplicable. 3. If the interest rate is variable the amount in the Schedule should be calculated as if the rate did not vary. 4. Amounts in the Schedule must be calculated as if all payments were made as and when they fall due, but the penalty for late payment must still be shown. *5. If the payments vary in amount, specify the amount of each repayment. ENDNOTES General Information Endnotes The of Land Act 1962 was assented to on 18 December 1962 and came into operation as follows: Part 2 (sections 23–25) on 1 March 1963: Government Gazette 13 February 1963 page 263; sections 9, 27, 28 on 1 March 1963: Government Gazette 20 February 1963 page 307; rest of Act on 1 June 1963: Government Gazette 20 February 1963 page 307. Table of Amendments This Version incorporates amendments made to the of Land Act 1962 by Acts and subordinate instruments. Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– of Land (Amendment) Act 1963, No. 7052/1963
Assent Date: 26.11.63 Commencement Date: 26.11.63 : All of Act in operation and Works Act 1964, No. 7228/1964 Assent Date: 15.12.64 Commencement Date: 15.3.65: Government Gazette 11.3.65 p. 557 : All of Act in operation of Land Act 1965, No. 7272/1965 Assent Date: 1.6.65 Commencement Date: 1.9.65: Government Gazette 21.7.65 p. 2314 : All of Act in operation Statute Law Revision Act 1965, No. 7332/1965 Assent Date: 14.12.65 Commencement Date: 14.12.65 : All of Act in operation of Land (Amendment) Act 1969, No. 7898/1969 Assent Date: 9.12.69 Commencement Date: 1.3.70: Government Gazette 19.12.69 p. 4134 : All of Act in operation Local Government (Further Amendment) Act 1971, No. 8149/1971 Assent Date: 4.5.71 Commencement Date: S. 25(1) on 1.10.72: Government Gazette 27.9.72 p. 3198 : This information relates only to the provision/s amending the of Land Act 1962 Cluster Titles Act 1974, No. 8661/1974 Assent Date: 20.12.74 Commencement Date: Ss 40, 41 on 15.8.75: Government Gazette 13.8.75 p. 2926; rest of Act on 1.10.75: Government Gazette 10.9.75 p. 3253 : All of Act in operation Cluster Titles (Amendment) Act 1978, No. 9128/1978 Assent Date: 23.5.78 Commencement Date: 1.7.78: Government Gazette 14.6.78 p. 1644 : All of Act in operation of Land (Deposits) Act 1980, No. 9423/1980 Assent Date: 20.5.80 Commencement Date: 1.8.80: Government Gazette 2.7.80 p. 2256 : All of Act in operation Statute Law Revision Act 1980, No. 9427/1980
Assent Date: 27.5.80 Commencement Date: 27.5.80: subject to s. 6(2) : All of Act in operation Estate Agents Act 1980, No. 9428/1980 Assent Date: 27.5.80 Commencement Date: S. 3(1)(Sch.) on 30.6.81: Government Gazette 17.6.81 p. 1902 : This information relates only to the provision/s amending the of Land Act 1962 Endnotes of Land (Deposits Amendment) Act 1980, No. 9471/1980 Assent Date: 16.12.80 Commencement Date: 22.12.80: Government Gazette 17.12.80 p. 4271 : All of Act in operation Statute Law Revision Act 1981, No. 9549/1981 Assent Date: 19.5.81 Commencement Date: 19.5.81: subject to s. 2(2) : All of Act in operation of Land (Deposits) Act 1981, No. 9688/1981 Assent Date: 5.1.82 Commencement Date: 5.1.82 : All of Act in operation Building Control Act 1981, No. 9720/1981 Assent Date: 12.1.82 Commencement Date: S. 3(2)(Sch. item 90) on 2.8.82: Government Gazette 28.4.82 p. 1174 : This information relates only to the provision/s amending the of Land Act 1962 of Land (Amendment) Act 1982, No. 9858/1982 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