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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Land Legislation Amendment Bill 2014 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Land Information Authority Act 2006 amended 3. Act amended 3 4. Section 94A inserted 3 94A. Review to include consideration of fee-setting 3 Part 3 -- Registration of Deeds Act 1856 amended 5. Act amended 5 6. Sections 22AA and 22AB inserted 5 22AA. Certain prescribed fees may exceed cost recovery 5 22AB. Expiry of section 22AA 5 Part 4 -- Strata Titles Act 1985 amended 7. Act amended 7 8. Sections 131A and 131B inserted 7 131A. Certain prescribed fees may exceed cost recovery 7 131B. Expiry of section 131A 7 Part 5 -- Transfer of Land Act 1893 amended 9. Act amended 9 10. Sections 182AA and 182AB inserted 9 101--1 page i Land Legislation Amendment Bill 2014 Contents 182AA. Prescribed fees may exceed cost recovery 9 182AB. Expiry of section 182AA 9 Part 6 -- Valuation of Land Act 1978 amended 11. Act amended 11 12. Sections 50 and 51 inserted 11 50. Prescribed fees may exceed cost recovery 11 51. Expiry of section 50 11 page ii Western Australia LEGISLATIVE ASSEMBLY Land Legislation Amendment Bill 2014 A Bill for An Act to amend the following Acts -- the Land Information Authority Act 2006; the Registration of Deeds Act 1856; the Strata Titles Act 1985; the Transfer of Land Act 1893; the Valuation of Land Act 1978. The Parliament of Western Australia enacts as follows: page 1 Land Legislation Amendment Bill 2014 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Land Legislation Amendment Act 2014. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Part 1 -- on the day on which this Act receives the 7 Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation. page 2 Land Legislation Amendment Bill 2014 Land Information Authority Act 2006 amended Part 2 s. 3 1 Part 2 -- Land Information Authority 2 Act 2006 amended 3 3. Act amended 4 This Part amends the Land Information Authority Act 2006. 5 4. Section 94A inserted 6 At the end of Part 6 Division 2 insert: 7 8 94A. Review to include consideration of fee-setting 9 (1) Without limiting section 93, in the course of each 10 review carried out under that section the Minister is 11 also to consider and have regard to -- 12 (a) how the fees prescribed for the purposes of the 13 following Acts have been calculated during the 14 period covered by the review -- 15 (i) the Registration of Deeds Act 1856; 16 (ii) the Strata Titles Act 1985; 17 (iii) the Transfer of Land Act 1893; 18 (iv) the Valuation of Land Act 1978; 19 and 20 (b) whether, since the last review carried out under 21 that section, the Authority has achieved 22 efficiencies in its operations that would enable 23 the fees referred to in paragraph (a) to be 24 reduced or not increased. 25 (2) For the purposes of subsection (1)(a), the things that 26 the Minister is to consider and have regard to 27 include -- 28 (a) the principles and methodologies applied in 29 determining the prescribed fees; and page 3 Land Legislation Amendment Bill 2014 Part 2 Land Information Authority Act 2006 amended s. 4 1 (b) how those principles and methodologies were 2 applied in determining the amount of each 3 prescribed fee. 4 (3) Subsection (1) ceases to apply in relation to fees 5 prescribed for the purposes of an Act listed in 6 subsection (1)(a) if the provision of that Act referred to 7 in subsection (5) expires. 8 (4) This section expires on a day fixed by proclamation. 9 (5) The day fixed under subsection (4) must not be before 10 all of the following provisions have expired -- 11 (a) the Registration of Deeds Act 1856 12 section 22AA; 13 (b) the Strata Titles Act 1985 section 131A; 14 (c) the Transfer of Land Act 1893 section 182AA; 15 (d) the Valuation of Land Act 1978 section 50. 16 page 4 Land Legislation Amendment Bill 2014 Registration of Deeds Act 1856 amended Part 3 s. 5 1 Part 3 -- Registration of Deeds Act 1856 amended 2 5. Act amended 3 This Part amends the Registration of Deeds Act 1856. 4 6. Sections 22AA and 22AB inserted 5 After section 22 insert: 6 7 22AA. Certain prescribed fees may exceed cost recovery 8 (1) Regulations made under section 22 prescribing a fee 9 that may be charged by the Registrar of Deeds and 10 Transfers may prescribe a fee that is more than the 11 amount, or an estimate of the amount, needed to allow 12 recovery of expenditure -- 13 (a) incurred in connection with the matter in 14 relation to which the fee is charged; or 15 (b) that is relevant to -- 16 (i) the scheme or system under which the 17 action to which the fee relates is taken; 18 or 19 (ii) the performance of any function to 20 which the fee relates. 21 (2) This section does not limit the Interpretation Act 1984 22 section 45A. 23 22AB. Expiry of section 22AA 24 (1) Section 22AA expires at the end of 31 December 2019. 25 (2) However, the Governor, on the recommendation of the 26 Minister, may, by proclamation made before 27 section 22AA expires, postpone the expiry of 28 section 22AA until the end of a date specified in the page 5 Land Legislation Amendment Bill 2014 Part 3 Registration of Deeds Act 1856 amended s. 6 1 proclamation, and in that case that section expires at 2 the end of that date. 3 (3) The Minister cannot make a recommendation under 4 subsection (2) unless the Minister is satisfied, on the 5 basis of the most recent report laid before each House 6 of Parliament under the Land Information Authority 7 Act 2006 section 93(2), that the expiry of section 22AA 8 should be postponed. 9 (4) There is no limit on the number of times the expiry of 10 section 22AA may be postponed, but each 11 postponement cannot be for longer than 5 years 12 beginning on the day after the most recent date on 13 which section 22AA would expire if that expiry were 14 not postponed. 15 (5) The Interpretation Act 1984 section 42 applies to and 16 in relation to a proclamation made under subsection (2) 17 as if the proclamation were a regulation. 18 (6) The expiry of section 22AA does not affect the validity 19 of any regulations made under section 22 and in effect 20 immediately before that expiry. 21 page 6 Land Legislation Amendment Bill 2014 Strata Titles Act 1985 amended Part 4 s. 7 1 Part 4 -- Strata Titles Act 1985 amended 2 7. Act amended 3 This Part amends the Strata Titles Act 1985. 4 8. Sections 131A and 131B inserted 5 After section 130 insert: 6 7 131A. Certain prescribed fees may exceed cost recovery 8 (1) Regulations made under section 130 prescribing a fee 9 payable to the Registrar of Titles may prescribe a fee 10 that is more than the amount, or an estimate of the 11 amount, needed to allow recovery of expenditure -- 12 (a) incurred in connection with the matter in 13 relation to which the fee is charged; or 14 (b) that is relevant to -- 15 (i) the scheme or system under which the 16 action to which the fee relates is taken; 17 or 18 (ii) the performance of any function to 19 which the fee relates. 20 (2) The definition of scheme in section 3(1) does not apply 21 to subsection (1). 22 (3) This section does not limit the Interpretation Act 1984 23 section 45A. 24 131B. Expiry of section 131A 25 (1) Section 131A expires at the end of 31 December 2019. 26 (2) However, the Governor, on the recommendation of the 27 Minister, may, by proclamation made before 28 section 131A expires, postpone the expiry of page 7 Land Legislation Amendment Bill 2014 Part 4 Strata Titles Act 1985 amended s. 8 1 section 131A until the end of a date specified in the 2 proclamation, and in that case that section expires at 3 the end of that date. 4 (3) The Minister cannot make a recommendation under 5 subsection (2) unless the Minister is satisfied, on the 6 basis of the most recent report laid before each House 7 of Parliament under the Land Information Authority 8 Act 2006 section 93(2), that the expiry of section 131A 9 should be postponed. 10 (4) There is no limit on the number of times the expiry of 11 section 131A may be postponed, but each 12 postponement cannot be for longer than 5 years 13 beginning on the day after the most recent date on 14 which section 131A would expire if that expiry were 15 not postponed. 16 (5) The Interpretation Act 1984 section 42 applies to and 17 in relation to a proclamation made under subsection (2) 18 as if the proclamation were a regulation. 19 (6) The expiry of section 131A does not affect the validity 20 of any regulations made under section 130 and in effect 21 immediately before that expiry. 22 page 8 Land Legislation Amendment Bill 2014 Transfer of Land Act 1893 amended Part 5 s. 9 1 Part 5 -- Transfer of Land Act 1893 amended 2 9. Act amended 3 This Part amends the Transfer of Land Act 1893. 4 10. Sections 182AA and 182AB inserted 5 After section 181 insert: 6 7 182AA. Prescribed fees may exceed cost recovery 8 (1) Regulations made under section 181 prescribing a fee 9 may prescribe a fee that is more than the amount, or an 10 estimate of the amount, needed to allow recovery of 11 expenditure -- 12 (a) incurred in connection with the matter in 13 relation to which the fee is charged; or 14 (b) that is relevant to -- 15 (i) the scheme or system under which the 16 action to which the fee relates is taken; 17 or 18 (ii) the performance of any function to 19 which the fee relates. 20 (2) This section does not limit -- 21 (a) the Interpretation Act 1984 section 45A; or 22 (b) the extent to which fees prescribed under 23 section 181 may take into account the 24 indemnity of any amount payable out of the 25 Consolidated Account under Part XII that is not 26 recovered under Part XI. 27 182AB. Expiry of section 182AA 28 (1) Section 182AA expires at the end of 29 31 December 2019. page 9 Land Legislation Amendment Bill 2014 Part 5 Transfer of Land Act 1893 amended s. 10 1 (2) However, the Governor, on the recommendation of the 2 Minister, may, by proclamation made before 3 section 182AA expires, postpone the expiry of 4 section 182AA until the end of a date specified in the 5 proclamation, and in that case that section expires at 6 the end of that date. 7 (3) The Minister cannot make a recommendation under 8 subsection (2) unless the Minister is satisfied, on the 9 basis of the most recent report laid before each House 10 of Parliament under the Land Information Authority 11 Act 2006 section 93(2), that the expiry of 12 section 182AA should be postponed. 13 (4) There is no limit on the number of times the expiry of 14 section 182AA may be postponed, but each 15 postponement cannot be for longer than 5 years 16 beginning on the day after the most recent date on 17 which section 182AA would expire if that expiry were 18 not postponed. 19 (5) The Interpretation Act 1984 section 42 applies to and 20 in relation to a proclamation made under subsection (2) 21 as if the proclamation were a regulation. 22 (6) The expiry of section 182AA does not affect the 23 validity of any regulations made under section 181 and 24 in effect immediately before that expiry. 25 page 10 Land Legislation Amendment Bill 2014 Valuation of Land Act 1978 amended Part 6 s. 11 1 Part 6 -- Valuation of Land Act 1978 amended 2 11. Act amended 3 This Part amends the Valuation of Land Act 1978. 4 12. Sections 50 and 51 inserted 5 At the end of Part V insert: 6 7 50. Prescribed fees may exceed cost recovery 8 (1) Regulations made under section 49 prescribing a fee 9 may prescribe a fee that is more than the amount, or an 10 estimate of the amount, needed to allow recovery of 11 expenditure -- 12 (a) incurred in connection with the matter in 13 relation to which the fee is charged; or 14 (b) that is relevant to -- 15 (i) the scheme or system under which the 16 action to which the fee relates is taken; 17 or 18 (ii) the performance of any function to 19 which the fee relates. 20 (2) This section does not limit the Interpretation Act 1984 21 section 45A. 22 51. Expiry of section 50 23 (1) Section 50 expires at the end of 31 December 2019. 24 (2) However, the Governor, on the recommendation of the 25 Minister, may, by proclamation made before section 50 26 expires, postpone the expiry of section 50 until the end 27 of a date specified in the proclamation, and in that case 28 that section expires at the end of that date. page 11 Land Legislation Amendment Bill 2014 Part 6 Valuation of Land Act 1978 amended s. 12 1 (3) The Minister cannot make a recommendation under 2 subsection (2) unless the Minister is satisfied, on the 3 basis of the most recent report laid before each House 4 of Parliament under the Land Information Authority 5 Act 2006 section 93(2), that the expiry of section 50 6 should be postponed. 7 (4) There is no limit on the number of times the expiry of 8 section 50 may be postponed, but each postponement 9 cannot be for longer than 5 years beginning on the day 10 after the most recent date on which section 50 would 11 expire if that expiry were not postponed. 12 (5) The Interpretation Act 1984 section 42 applies to and 13 in relation to a proclamation made under subsection (2) 14 as if the proclamation were a regulation. 15 (6) The expiry of section 50 does not affect the validity of 16 any regulations made under section 49 and in effect 17 immediately before that expiry. 18 19
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