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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Transfer of Land Amendment Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 4 amended 2
5. Section 6 amended 3
6. Section 9 amended 4
7. Section 10 amended 5
8. Section 14 inserted 5
9. Section 20 amended 5
10 . Section 27 amended 6
11 . Section 28 amended 6
12 . Section 29 amended 6
13 . Section 48 amended 7
14 . Section 48A amended 8
15 . Section 48B amended 9
16 . Section 49 amended 10
17 . Section 50 amended 10
18 . Section 52 amended 10
19 . Section 55 amended 11
20 . Section 57 amended 11
21 . Section 63A amended 11
22 . Section 64 amended 12
23 . Section 72 amended 12
24 . Section 74 amended 12
25 . Section 74A amended 13
26 . Section 74B amended 13
27 . Section 75 amended 14
28 . Section 78 amended 15
29 . Section 81Q amended 16
30 . Section 82 amended 16
page i
58--2
Transfer of Land Amendment Bill 2001
Contents
31 . Section 86 amended 16
32 . Section 87 replaced 17
33 . Section 98 amended 18
34 . Section 100 replaced 18
35 . Section 101 repealed 19
36 . Section 102 amended 19
37 . Section 104 amended 20
38 . Section 105A amended 21
39 . Section 123 amended 21
40 . Section 125 amended 22
41 . Section 126 amended 22
42 . Section 136 amended 23
43 . Section 136A amended 23
44 . Section 136C amended 24
45 . Section 136D amended 24
46 . Section 138 amended 24
47 . Section 151 amended 24
48 . Section 155 amended 25
49 . Section 156 amended 25
50 . Section 159 amended 25
51 . Section 160 amended 26
52 . Section 163 amended 26
53 . Section 165 amended 26
54 . Section 166 amended 27
55 . Section 166A amended 27
56 . Section 166C inserted 27
57 . Section 167 amended 31
58 . Section 168 amended 31
59 . Section 169 amended 31
60 . Part IX heading replaced 32
61 . Section 170 amended 32
62 . Section 171 amended 32
63 . Section 172 amended 33
64 . Section 174 replaced 33
65 . Section 175 amended 34
66 . Section 177 amended 34
67 . Section 178 replaced 35
68 . Section 179 repealed 36
69 . Section 182 amended 36
70 . Section 184 amended 37
page ii
Transfer of Land Amendment Bill 2001
Contents
71 . Section 185 amended 37
72 . Section 188 amended 38
73 . Section 189 amended 38
74 . Section 192 amended 39
75 . Section 206 amended 39
76 . Section 226 repealed 40
77 . Section 227 amended 40
78 . Section 229B amended 40
79 . Section 231 amended 41
80 . Section 239 replaced 41
81 . Section 239A amended 43
82 . Section 239B inserted 43
83 . Schedule 9A amended 44
84 . Twenty-fourth Schedule amended 44
85 . Consequential amendments to the Evidence Act 1906 46
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Transfer of Land Amendment Bill 2001
A Bill for
An Act to amend the Transfer of Land Act 1893 and to
consequentially amend the Evidence Act 1906.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Transfer of Land Amendment
Act 2001.
page 1
Transfer of Land Amendment Bill 2001
s. 2
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
5 3. The Act amended
The amendments in this Act, except in section 85, are to
the Transfer of Land Act 1893*.
[* Reprinted as at 9 February 2001
For subsequent amendments see Act No. 10 of 2001.]
10 4. Section 4 amended
Section 4(1) is amended as follows:
(a) after the definition of "Department" by inserting the
following definition --
"
15 "Digital title" means a certificate of title in a medium
in which the data comprising the certificate is
stored and retrieved by digital means.
";
(b) in the definition of "Endorsed" by deleting "the margin
20 or at the foot of ";
(c) after the definition of "Grantor" by inserting the
following definition --
"
"Graphic" includes --
25 (a) a sketch plan in the possession of the
Registrar;
(b) a plan or diagram lodged or deposited under
this Act;
page 2
Transfer of Land Amendment Bill 2001
s. 5
(c) a plan of survey of Crown land,
in such medium for the storage and retrieval of
information or combination of such media as the
Registrar approves.
5 ";
(d) in the definition of "Ministerial order" by inserting after
"means" --
" an ";
(e) after the definition of "Ministerial order" by inserting
10 the following definition --
"
"Paper title" means a certificate of title in a paper
medium.
";
15 (f) after the definition of "Register" by inserting the
following definition --
"
"Relevant graphic", in relation to a certificate of title,
means a graphic endorsed on, annexed to, referred
20 to in or otherwise linked or connected to, the
certificate of title.
".
5. Section 6 amended
(1) Section 6(1) is amended by deleting "a person to be" and
25 inserting instead --
" one or more persons to be a ".
(2) Section 6(3) is amended by deleting "the Deputy
Commissioner" and inserting instead --
"
30 a Deputy Commissioner nominated in writing by the
Commissioner
".
page 3
Transfer of Land Amendment Bill 2001
s. 6
(3) Section 6(4) is amended by deleting "The" and inserting
instead --
" A ".
(4) Section 6(5)(a) is amended by deleting "the Deputy" and
5 inserting instead --
" a Deputy ".
(5) Section 6(7) is amended by deleting "the" and inserting
instead --
" a ".
10 (6) Section 6(8) is amended by deleting "The" and inserting
instead --
" A ".
6. Section 9 amended
(1) Section 9 is amended as follows:
15 (a) by inserting before "All" the subsection
designation "(1)";
(b) by deleting "the Deputy Commissioner of Titles
(hereinafter called the Deputy Commissioner)" and
inserting instead --
20 " any Deputy Commissioner ".
(2) At the end of section 9 the following subsection is inserted --
"
(2) Nothing in this section or section 10 limits the
operation of section 55 or 56 of the Evidence Act 1906.
25 ".
page 4
Transfer of Land Amendment Bill 2001
s. 7
7. Section 10 amended
(1) Section 10(2) is amended by inserting after "seal" --
"
, other than copies or print-outs of documents provided
5 under section 239(3),
".
(2) Section 10(3) is amended by deleting "all courts" and inserting
instead --
"
10 any court or person having by law or by consent of
parties authority to receive evidence
".
(3) Section 10(5) is repealed.
8. Section 14 inserted
15 After section 13 the following section is inserted --
"
14. Digital signatures, entries etc. in parts of the
Register or in graphics that are in digital medium
If the Registrar is required or authorised under this Act
20 to write on, sign, note, mark, record, initial, make an
entry or statement on or endorse any part of the
Register or any graphic that is in a digital medium the
Registrar may do so by digital means.
".
25 9. Section 20 amended
Section 20 is amended by deleting "; nor a married woman
unless her husband shall consent thereto and the application shall
be acknowledged by her in the manner hereinafter mentioned as
to the acknowledgment of instruments (except she shall be
30 entitled to the land for her separate use or has a power to appoint
the same)".
page 5
Transfer of Land Amendment Bill 2001
s. 10
10. Section 27 amended
Section 27 is amended as follows:
(a) by inserting after "a certificate" --
"
5 or for the amendment or replacement of a relevant
graphic
";
(b) by inserting after "certificate of title" --
" or relevant graphic ".
10 11. Section 28 amended
Section 28 is amended as follows:
(a) by inserting after "amended certificate" --
"
or for the amendment or replacement of a relevant
15 graphic
";
(b) by deleting "title of " and inserting instead --
" title or relevant graphic of ";
(c) by deleting "title." and inserting instead --
20 "
title and to amend or replace, if necessary, any relevant
graphic.
".
12. Section 29 amended
25 Section 29 is amended as follows:
(a) by inserting after "title" --
" or on any relevant graphic ";
page 6
Transfer of Land Amendment Bill 2001
s. 13
(b) by inserting after "amended certificate" --
"
or for the amendment or replacement of a relevant
graphic
5 ";
(c) by deleting "of such allotment or portion." and inserting
instead --
"
of title and to amend or replace, if necessary, any
10 relevant graphic.
".
13. Section 48 amended
(1) Section 48(1) is repealed and the following subsection is
inserted instead --
15 "
(1) The Registrar shall cause to be maintained for the
purposes of this Act a Register comprising --
(a) all registered certificates of title;
(b) in relation to land that is the subject of a digital
20 title, a record of the endorsements of the
particulars of all dealings and matters referred
to in section 48A(2) or 81P, as is relevant to the
case, that used to affect, but do not currently
affect, the land; and
25 (c) in relation to land that is the subject of a paper
title, a record of the entries of recovery of
possession and of surrender made under
section 102 in relation to a sublease of the land.
".
page 7
Transfer of Land Amendment Bill 2001
s. 14
(2) After section 48(4) the following subsections are inserted --
"
(5) If under subsection (3) a new record is prepared or a
record is completed, the Registrar shall ensure the
5 following are entered in the Register --
(a) the date that the new record was prepared or the
record was completed; and
(b) such information as will enable the history of
the record to be traced.
10 (6) The Registrar may at any time cause a record of
information in the Register that is in one medium or a
combination of media to be converted to another
medium or combination of media with such advice to
persons affected by the conversion as the Registrar
15 considers appropriate.
".
14. Section 48A amended
(1) Section 48A(1) is amended by deleting "Each" and inserting
instead --
20 " Subject to subsection (1a), each ".
(2) After section 48A(1) the following subsection is inserted --
"
(1a) The following may, with the approval of the Registrar,
be endorsed on, annexed to, referred to in or otherwise
25 linked or connected to, a certificate of title, but do not
form part of the certificate of title --
(a) information about the land that is the subject of
the certificate, not being information about the
title of the land or particulars that are required
30 to be endorsed on the certificate under
subsection (2);
page 8
Transfer of Land Amendment Bill 2001
s. 15
(b) a graphic of the extent or location of --
(i) the land that is the subject of the
certificate;
(ii) an easement affecting the whole or part
5 of the land;
(iii) a restrictive covenant affecting the
whole or part of the land; or
(iv) a positive covenant, as defined in the
Land Administration Act 1997, affecting
10 the whole or part of the land.
".
15. Section 48B amended
Section 48B(3) is repealed and the following subsections are
inserted instead --
15 "
(3) Where a proprietor of land that is the subject of a
certificate of title has requested that a duplicate
certificate of title not be issued, the Registrar shall
endorse the certificate of title to that effect.
20 (4) The Registrar may --
(a) on the request of a proprietor of land that is the
subject of a certificate of title; and
(b) on delivery to the Registrar of the duplicate
certificate of title for the land for retention,
25 disposal or destruction,
cancel the duplicate certificate of title and the Registrar
shall endorse the certificate of title to that effect.
(5) Nothing in this section prevents the Registrar from
issuing a duplicate certificate of title on the request, in
30 an approved form, of the person who, for the time
being, is the proprietor of the land for a duplicate
page 9
Transfer of Land Amendment Bill 2001
s. 16
certificate of title to be issued to that proprietor or to a
person named and authorised by that proprietor as the
person to whom the duplicate may be issued.
".
5 16. Section 49 amended
Section 49 is amended by deleting "upon the plan on the
certificate; and in any case in which it is inconvenient to draw
the plan in the margin of a certificate it may be drawn upon the
back thereof." and inserting instead --
10 " in a relevant graphic. ".
17. Section 50 amended
Section 50 is amended by deleting "where the area of such
parcel is less than 4 000 square metres".
18. Section 52 amended
15 (1) Section 52(1) is amended by deleting "title is" and inserting
instead --
" title, in the case of a paper title, is ".
(2) After section 52(1) the following subsection is inserted --
"
20 (1a) A certificate of title, in the case of a digital title, is
registered when --
(a) it has been allocated a reference number
distinguishing it from all other certificates of
title; and
25 (b) it has been incorporated into the Registrar's
digital database as a certificate of title.
".
page 10
Transfer of Land Amendment Bill 2001
s. 19
19. Section 55 amended
Section 55(1) is amended as follows:
(a) by deleting "in the Register" and inserting instead --
" on a certificate of title ";
5 (b) by inserting after "grant" the following --
" or certificate of title ".
20. Section 57 amended
Section 57 is amended as follows:
(a) after paragraph (a) by deleting "and";
10 (b) in paragraph (b) by inserting after "title" --
" , in the case of a paper title, ";
(c) after paragraph (b) by deleting the full stop and inserting
instead --
"
15 ; and
(c) in the case of a digital title, the Registrar shall
cancel the duplicate certificate of title (if any)
and may issue a new edition of the duplicate
certificate of title in accordance with
20 section 74B(2).
".
21. Section 63A amended
Section 63A(2) is repealed and the following subsection is
inserted instead --
25 "
(2) The statement or entry shall --
(a) contain a non-diagrammatic description of the
extent or location of the easement;
page 11
Transfer of Land Amendment Bill 2001
s. 22
(b) refer to the instrument creating the easement if
that instrument is deposited with the
Department;
(c) refer to any other record of information in the
5 possession of the Registrar which gives a
non-diagrammatic description of the extent or
location of the easement; or
(d) refer to a relevant graphic of the extent or
location of the easement.
10 ".
22. Section 64 amended
Section 64 is amended by deleting "or any duplicate thereof ".
23. Section 72 amended
Section 72 is amended by inserting after "certificate" in both
15 places in which it occurs --
" of title ".
24. Section 74 amended
(1) Section 74 is amended by deleting "In every such case" and
inserting instead --
20 "
If the Registrar dispenses with the production of a
duplicate certificate of title in the case of a paper title,
".
(2) Section 74 is amended by inserting after "entered." --
25 "
If the Registrar dispenses with the production of a
duplicate certificate of title (if any) in the case of a
digital title, the Registrar shall notify in the
memorandum in the Register that the duplicate
30 certificate of title was not produced and such dealing
page 12
Transfer of Land Amendment Bill 2001
s. 25
shall be as valid and effectual as if such memorandum
had been entered.
".
25. Section 74A amended
5 (1) Section 74A is amended as follows:
(a) by inserting before "Where" the subsection
designation "(1)";
(b) by deleting "grant or certificate" and inserting instead --
" Crown grant or any certificate of title ";
10 (c) by deleting "original." and inserting instead --
"
original Crown grant or the previous certificate of title.
".
(2) At the end of section 74A the following subsection is
15 inserted --
"
(2) If under subsection (1) a substitute certificate of title is
created, the Registrar shall ensure the following are
entered in the Register --
20 (a) the date that the substitute certificate of title
was created; and
(b) such information as will enable the history of
the creation of the certificate of title to be
traced.
25 ".
26. Section 74B amended
(1) Section 74B is amended by inserting before "Where" the
subsection designation "(1)".
page 13
Transfer of Land Amendment Bill 2001
s. 27
(2) At the end of section 74B the following subsection is
inserted --
"
(2) If, in the case of a digital title --
5 (a) a duplicate certificate of title has been issued
and is later cancelled; and
(b) the cancelled duplicate certificate of title has
been produced to the Registrar,
the Registrar may cause a new edition of the duplicate
10 certificate of title to be issued to the proprietor of the
land that is the subject of the digital title or to a person
named and authorised by the proprietor as the person to
whom the duplicate may be issued.
".
15 27. Section 75 amended
(1) Section 75(1) is amended as follows:
(a) by inserting after "any duplicate certificate of title" --
" in the case of a paper title ";
(b) by inserting after "a certificate of title" --
20 " or a Crown lease ";
(c) by inserting after "new certificate of title" in both places
where it occurs --
" or Crown lease ".
(2) Section 75(2) and (3) are repealed and the following subsections
25 are inserted instead --
"
(1a) In the event of any duplicate certificate of title in the
case of a digital title being lost or destroyed or
becoming so obliterated as to be useless, application
30 may be made to the Commissioner for the issue of a
new edition of the duplicate certificate of title to
page 14
Transfer of Land Amendment Bill 2001
s. 28
replace the lost, destroyed or obliterated duplicate
certificate of title and the Commissioner may, upon
proof to his satisfaction of the loss or destruction or
obliteration of such duplicate certificate of title, direct
5 the Registrar to issue a new edition of the duplicate
certificate of title.
(2) A duplicate certificate of title or Crown lease replaced
by a duplicate certificate of title or Crown lease under
subsection (1) and section 48B ceases to have effect on
10 the registration of the new certificate of title or Crown
lease under subsection (1).
(3) A duplicate certificate of title replaced by a duplicate
certificate of title under subsection (1a) ceases to have
effect on the issue of the new edition of the duplicate
15 certificate of title under that subsection.
(3a) If the duplicate certificate of title or Crown lease
replaced by a duplicate certificate of title or Crown
lease under subsection (1) and section 48B or under
subsection (1a) is found or recovered, the person who
20 finds or recovers the duplicate shall immediately lodge
it with the Registrar who shall endorse it to note that it
has ceased to have effect under subsection (2) or (3), as
is relevant to the case.
".
25 28. Section 78 amended
Section 78 is amended as follows:
(a) by deleting "rectifying or cancelling any certificate"
and inserting instead --
"
30 amending or cancelling any certificate or its
duplicate
";
page 15
Transfer of Land Amendment Bill 2001
s. 29
(b) by deleting "original";
(c) by deleting "cancelled rectified" and inserting instead --
" , cancelled, amended ".
29. Section 81Q amended
5 After section 81Q(3) the following subsection is inserted --
"
(4) If a dealing is lodged in respect of --
(a) a Crown lease that is treated under
section 81ZD(1) as if it were a lease registered
10 under this section; or
(b) a lease of Crown land (not being a Crown
lease) that is treated under section 104(2) of the
Acts Amendment (Land Administration)
Act 1997 as if it were a lease registered under
15 this section,
the Registrar may make such endorsements as the
Registrar thinks fit on the original and duplicate lease
instrument.
".
20 30. Section 82 amended
Section 82(1) is amended by deleting "form; and a woman
entitled to any right or contingent right to dower in or out of any
freehold land shall be deemed a proprietor within the meaning
hereof." and inserting instead --
25 " form. ".
31. Section 86 amended
Section 86(1) is amended by deleting "original".
page 16
Transfer of Land Amendment Bill 2001
s. 32
32. Section 87 replaced
Section 87 is repealed and the following section is inserted
instead --
"
5 87. Total transfer by endorsement on paper title or by
entering transferee's name on digital title
(1) If a transfer purports to transfer the whole of the land
mentioned in a paper title the Registrar may if he
thinks fit instead of cancelling the certificate of title
10 under section 86 enter on the certificate of title and on
the duplicate certificate (if any) a memorandum of the
transfer and deliver the duplicate to the transferee or to
a person named and authorised by the transferee as the
person to whom the duplicate may be delivered.
15 (2) If a transfer purports to transfer the whole of the land
mentioned in a digital title the Registrar may if he
thinks fit instead of cancelling the certificate of title
under section 86 --
(a) enter the name of the transferee as the new
20 proprietor on the certificate of title;
(b) cancel the duplicate certificate of title (if any);
and
(c) issue a new edition of the duplicate certificate
of title in accordance with section 74B(2).
25 (3) Every certificate with such memorandum or such
change shall be as effectual for the purpose of
evidencing title and for all other purposes of this Act as
if the old certificate had been cancelled and a new
certificate had been created and registered in the name
30 of the transferee and such process in lieu of
cancellation may be repeated upon every transfer of the
whole of the land.
".
page 17
Transfer of Land Amendment Bill 2001
s. 33
33. Section 98 amended
Section 98 is amended by deleting "shall likewise endorse upon
the duplicate" and inserting instead --
"
5 may likewise endorse on either or both the lease and
the duplicate lease
".
34. Section 100 replaced
Section 100 is repealed and the following section is inserted
10 instead --
"
100. Registration of subleases
(1) A sublease is registered --
(a) in the case of a sublease of land that is the
15 subject of a paper title, when a memorandum of
the sublease as described in section 56 has been
endorsed on the original lease; or
(b) in the case of a sublease of land that is the
subject of a digital title, when a memorandum
20 of the sublease as described in section 56 has
been endorsed on the certificate of title,
and the person named in any sublease registered as the
sublessee shall be deemed to be the proprietor of the
sublease.
25 (2) The Registrar shall endorse on the sublease a certificate
of the time at which the memorandum was endorsed
under subsection (1)(a) or (b) and shall authenticate
such certificate by signing his name on the certificate;
and such certificate shall be treated by any court or
30 person having by law or by consent of parties authority
to receive evidence as conclusive evidence that such
sublease has been duly registered.
".
page 18
Transfer of Land Amendment Bill 2001
s. 35
35. Section 101 repealed
Section 101 is repealed.
36. Section 102 amended
Section 102 is amended as follows:
5 (a) by inserting before "The" the subsection designation
"(1)";
(b) by inserting before "If " the subsection designation
"(3)";
(c) by deleting "leases to" and inserting instead --
10 " leases, ";
(d) by deleting "a sublease be made on the sublease and on
the lease and not in the Register; and the memorandum
directed by the latter section to be endorsed on the
duplicate shall be written across the entry of such
15 sublease in the sublease register; and in case of a
surrender evidenced by a separate document such
document shall be annexed to the original sublease." and
inserting instead --
"
20 the sublease of land that is the subject of --
(a) a paper title, be made on the sublease and on
the lease but not on the certificate of title and
the memorandum directed by section 98 to be
endorsed on either or both the lease and the
25 duplicate lease (if any) shall be endorsed on
either or both the sublease and the duplicate
sublease (if any); and
(b) a digital title, be made on the certificate of title
and the memorandum directed by section 98 to
30 be endorsed on either or both the lease or the
duplicate lease (if any) shall be endorsed on
either or both the sublease and the duplicate
sublease (if any).
page 19
Transfer of Land Amendment Bill 2001
s. 37
(2) In the case of a surrender of a sublease evidenced by a
separate document such document shall be annexed to
the original sublease.
".
5 37. Section 104 amended
Section 104(1) is repealed and the following subsections are
inserted instead --
"
(1) In the case of a lease or sublease of land under this Act
10 if it be proved to the satisfaction of the Commissioner
that the lessor or sub-lessor his assign or transferee has
re-entered upon the premises in strict conformity with
the provisions for re-entry contained in the lease or
sublease or under the power of section 93(2) where the
15 lease or sublease is under this Act or that the lessee or
sublessee has abandoned the leased premises and the
lease and that the lessor or sublessor his assign or
transferee has thereupon re-entered upon and occupied
the said premises by himself or tenants undisturbed by
20 the lessee or sublessee the Commissioner may, subject
to subsection (2), direct the Registrar --
(a) in the case of a lease, to make an entry of such
re-entry on the certificate of title for the land
that is the subject of the lease;
25 (b) in the case of a sublease of land that is the
subject of a digital title, to make an entry of
such re-entry on that title; or
(c) in the case of a sublease of land that is the
subject of a paper title, to make an entry of such
30 re-entry on the sublease.
(1a) The term for which the land was leased or subleased
shall, upon such entry being made, determine and may
be removed as an encumbrance from a certificate of
title but without prejudice to any action or cause of
page 20
Transfer of Land Amendment Bill 2001
s. 38
action which shall previously have been commenced or
have accrued in respect of any breach or
non-observance of any covenant expressed in the lease
or sublease or by this Act or any amendment thereof
5 declared to be implied therein.
".
38. Section 105A amended
Section 105A(2) is repealed and the following subsection is
inserted instead --
10 "
(2) Where an instrument of extension is presented to the
Registrar he shall enter a memorandum of it on the
certificate of title and the Registrar may also --
(a) in the case of a lease, enter a memorandum of it
15 on the record of the lease held by the
Department; or
(b) in the case of a sublease of land that is the
subject of a paper title, enter a memorandum of
it on the sublease.
20 ".
39. Section 123 amended
Section 123 is amended by deleting "and the Registrar shall
make a corresponding entry on the duplicate grant or certificate
of title (if any) when produced to him for that purpose." and
25 inserting instead --
"
and if the land is the subject of --
(a) a paper title, the Registrar shall make a
corresponding entry on the duplicate certificate
30 of title (if any) when produced to him for that
or any other purpose; or
page 21
Transfer of Land Amendment Bill 2001
s. 40
(b) a digital title, the Registrar shall cancel the
duplicate certificate of title (if any) and may
issue a new edition of the duplicate certificate
of title in accordance with section 74B(2).
5 ".
40. Section 125 amended
Section 125 is amended by deleting "and the Registrar shall
make the like entry on the duplicate certificate of title when
produced to him for that purpose." and inserting instead --
10 "
and if the land is the subject of --
(a) a paper title, the Registrar shall make a
corresponding entry on the duplicate certificate
of title (if any) when produced to him for that
15 or any other purpose; or
(b) a digital title, the Registrar shall cancel the
duplicate certificate of title (if any) and may
issue a new edition of the duplicate certificate
of title in accordance with section 74B(2).
20 ".
41. Section 126 amended
(1) Section 126(1) is amended by deleting "and the Registrar shall
make a corresponding entry on the duplicate grant or certificate
of title (if any) when produced to him for that purpose." and
25 inserting instead --
"
and if the land is the subject of --
(a) a paper title, the Registrar shall make a
corresponding entry on the duplicate certificate
30 of title (if any) when produced to him for that
or any other purpose; or
page 22
Transfer of Land Amendment Bill 2001
s. 42
(b) a digital title, the Registrar shall cancel the
duplicate certificate of title (if any) and may
issue a new edition of the duplicate certificate
of title in accordance with section 74B(2).
5 ".
(2) Section 126(2) is amended by deleting "and the Registrar shall
make a corresponding entry on the duplicate grant or certificate
of title (if any) when produced to him for that purpose." and
inserting instead --
10 "
and if the land is the subject of --
(a) a paper title, the Registrar shall make a
corresponding entry on the duplicate certificate
of title (if any) when produced to him for that
15 or any other purpose; or
(b) a digital title, the Registrar shall cancel the
duplicate certificate of title (if any) and may
issue a new edition of the duplicate certificate
of title in accordance with section 74B(2).
20 ".
42. Section 136 amended
Section 136 is amended as follows:
(a) by deleting "originally";
(b) by deleting "or be annexed to" and inserting instead --
25 "
, annexed to, referred to in or otherwise linked or
connected to,
".
43. Section 136A amended
30 Section 136A is amended by deleting "section 166 or 166A"
and inserting instead --
" section 166(1), 166A(1) or 166C(2)(a) ".
page 23
Transfer of Land Amendment Bill 2001
s. 44
44. Section 136C amended
(1) Section 136C(5) is amended by inserting after "to the plan" --
" , or in both the plan and the instrument ".
(2) Section 136C(6) is amended by inserting after "to the plan" --
5 " , or in both the plan and the instrument ".
45. Section 136D amended
(1) Section 136D(5) is amended by inserting after "to the plan" --
" , or in both the plan and the instrument ".
(2) Section 136D(6) is amended by inserting after "to the plan" --
10 " , or in both the plan and the instrument ".
46. Section 138 amended
Section 138 is amended as follows:
(a) by inserting after "any transfer" --
"
15 (including a disposition statement accompanying an
application under section 166C)
";
(b) by deleting "think" and inserting instead --
" thinks ".
20 47. Section 151 amended
Section 151 is amended by inserting after "title" --
" or on a relevant graphic ".
page 24
Transfer of Land Amendment Bill 2001
s. 48
48. Section 155 amended
Section 155 is amended by deleting "plan drawn on and referred
to in" and inserting instead --
"
5 graphic endorsed on, annexed to, referred to in or
otherwise linked or connected to,
".
49. Section 156 amended
Section 156 is amended by inserting after "amended" --
10 " or to have a relevant graphic amended or replaced ".
50. Section 159 amended
Section 159 is amended as follows:
(a) by inserting after "title" --
" or on any relevant graphic ";
15 (b) by inserting after "amended certificate" --
"
or for the amendment or replacement of a relevant
graphic
";
20 (c) by deleting "thereof." and inserting instead --
"
of title and to amend or replace, if necessary, any
relevant graphic.
".
page 25
Transfer of Land Amendment Bill 2001
s. 51
51. Section 160 amended
Section 160 is amended as follows:
(a) by inserting after "amended" --
"
5 or for a relevant graphic to be amended or replaced
";
(b) by deleting "the last preceding section" and inserting
instead --
" section 159 ".
10 52. Section 163 amended
(1) Section 163(1) is amended by deleting "an inspector" and
inserting instead --
" the inspector ".
(2) Section 163(2) is repealed and the following subsection is
15 inserted instead --
"
(2) In subsection (1) --
"the inspector of plans and surveys" means the
person who, for the purposes of section 18 of the
20 Licensed Surveyors Act 1909, is appointed by the
Governor to approve plans of authorised surveys
within the meaning of that Act.
".
53. Section 165 amended
25 Section 165 is amended by inserting after "amended" --
" or for a relevant graphic to be amended or replaced ".
page 26
Transfer of Land Amendment Bill 2001
s. 54
54. Section 166 amended
(1) Section 166(3) is amended by deleting "subsection (5)" and
inserting instead --
"
5 section 295 of the Local Government (Miscellaneous
Provisions) Act 1960
".
(2) Section 166(5) is repealed.
55. Section 166A amended
10 (1) After section 166A(1) the following subsection is inserted --
"
(1a) A sketch plan referred to in subsection (1) shall comply
with the rules and regulations for the time being for the
guidance of surveyors when practising under this Act.
15 ".
(2) Section 166A(2) is amended by deleting "subsection (4) and".
(3) Section 166A(4) is repealed.
56. Section 166C inserted
After section 166B the following section is inserted --
20 "
166C. Alternative application (using disposition
statements) for new certificates of title on
subdivision of land between existing owners
(1) Notwithstanding section 166 but subject to
25 subsections (5) and (6) where land under the operation
of this Act --
(a) comprises 2 or more parcels not having the
same proprietor for all the parcels; or
page 27
Transfer of Land Amendment Bill 2001
s. 56
(b) is held by 2 or more proprietors as joint tenants
or as tenants in common,
and the proprietors of the freehold in the land (the
"proprietors") wish to subdivide the land between
5 themselves only, they may apply to the Registrar under
this section, instead of applying under section 166, for
the creation and registration of new certificates of title
for the land.
(2) An application under this section shall be in an
10 approved form and --
(a) shall be made in relation to a plan or diagram of
the proposed subdivision that --
(i) is lodged or deposited with the
Department;
15 (ii) is prepared in accordance with any
relevant regulations made under this Act
or the Licensed Surveyors Act 1909;
(iii) contains, or is accompanied by a
document that contains, such
20 information, certificates and consents as
are prescribed in the regulations; and
(iv) is signed by or on behalf of the
inspector of plans and surveys referred
to in section 163 as being in order for
25 dealings with or without conditions;
(b) shall be accompanied by a disposition
statement --
(i) that is in an approved form; and
(ii) in which is set out the amount of any
30 consideration passing between any of
the proprietors of the freehold in the
land in consideration for the
subdivision;
page 28
Transfer of Land Amendment Bill 2001
s. 56
(c) shall be accompanied by a document that
contains such information, certificates and
consents as are prescribed in the regulations;
(d) shall be accompanied by such documents as the
5 Registrar determines are necessary to satisfy
any conditions before the plan or diagram
referred to in subsection (2)(a) is in order for
dealing; and
(e) shall be accompanied by the prescribed fee.
10 (3) A disposition statement accompanying an application
under this section is a request to the Registrar to
endorse the new certificates of title for the land that is
the subject of the application and, if applicable, to take
such other action in relation to the Register or any
15 graphic as is required, to give effect to the extent
provided for in regulations to any of the following --
(a) the disposal of the land or interests in the land
to, or the vesting of the land or interests in the
land in, the State of Western Australia, a public
20 authority or a local government;
(b) the allocation of lots on the plan or diagram
referred to in subsection (2)(a) between the
proprietors;
(c) the allocation of other registered interests and
25 caveats affecting the land to lots (or part lots as
shown on a graphic) on the plan or diagram
referred to in subsection (2)(a);
(d) the attachment or discharge of other registered
interests and caveats affecting the land to or
30 from lots (or part lots as shown on a graphic)
on the plan or diagram referred to in
subsection (2)(a).
(4) Section 166(3) and (6) apply to an application under
this section as if the references to the plan or diagram
page 29
Transfer of Land Amendment Bill 2001
s. 56
were references to the plan or diagram referred to in
subsection (2)(a) and the Registrar may endorse the
new certificates of title for the land that is the subject
of the application and take such other action in relation
5 to the Register or any graphic as is required to give
effect to the application and requests in the disposition
statement.
(5) The Registrar is not to grant an application under this
section if --
10 (a) the land that is the subject of the application is
held by 2 or more proprietors as joint tenants;
and
(b) an effect of granting the application would be
to sever the joint tenancy.
15 (6) The Registrar is not to grant an application under this
section unless --
(a) all the proprietors have signed the disposition
statement; and
(b) each person who has a registered interest in the
20 land and each caveator in relation to the land
consents to the person's interest or caveat being
allocated in accordance with the disposition
statement on the subdivision.
(7) On registration of the certificates of title for the land
25 that is the subject of an application under this
section --
(a) every lot that is enlarged or diminished under
the plan or diagram referred to in
subsection (2)(a) is, by operation of law,
30 subject to each encumbrance, caveat,
notification or memorial allocated to it in the
disposition statement to the extent provided in
the disposition statement; and
page 30
Transfer of Land Amendment Bill 2001
s. 57
(b) every such encumbrance, caveat, notification
and memorial is deemed to be amended
accordingly.
".
5 57. Section 167 amended
Section 167 is amended by deleting "or 166A" and inserting
instead --
" , 166A or 166C ".
58. Section 168 amended
10 Section 168 is amended as follows:
(a) by inserting after "amended certificate" --
"
or for the amendment or replacement of a relevant
graphic
15 ";
(b) by inserting after "registered" --
" or amended or in the relevant graphic ";
(c) by deleting "both in the body of the certificate and in the
plan thereon or in the plan only" and inserting instead --
20 " in the certificate, in a relevant graphic or in both ".
59. Section 169 amended
Section 169 is amended by inserting after "certificate of title" in
both places where it occurs --
" or relevant graphic ".
page 31
Transfer of Land Amendment Bill 2001
s. 60
60. Part IX heading replaced
The heading to Part IX is repealed and the following heading is
inserted instead --
"
5 Part IX -- Amendment of certificates and
amendment or replacement of graphics
".
61. Section 170 amended
Section 170 is amended as follows:
10 (a) by inserting after "amended" --
" or a relevant graphic amended or replaced ";
(b) by inserting after "in the certificate" --
" or on the relevant graphic ".
62. Section 171 amended
15 Section 171 is amended as follows:
(a) by deleting "rectification of the original and duplicate (if
any) certificate of any other proprietor or proprietors"
and inserting instead --
"
20 amendment of the certificate of title of any other
proprietor and the duplicate (if any) or the amendment
or replacement of a relevant graphic
";
(b) by inserting after "certificate" in the second place where
25 it occurs --
" or relevant graphic ";
(c) by deleting "certificates." and inserting instead --
" relevant graphic. ".
page 32
Transfer of Land Amendment Bill 2001
s. 63
63. Section 172 amended
(1) Section 172 is amended by inserting before "Any" the
subsection designation "(1)".
(2) After section 172 the following subsections are inserted --
5 "
(2) The Commissioner may require an application to be
accompanied by either of the following plans setting
out such information as is required by the
Commissioner for the purposes of the application --
10 (a) a plan of the applicant's land; or
(b) a plan of the applicant's land and any land
adjoining the applicant's land.
(3) A copy of each plan required by the Commissioner
under subsection (2) shall be kept for inspection at the
15 Department's office until the application has been
determined.
".
64. Section 174 replaced
Section 174 is repealed and the following section is inserted
20 instead --
"
174. Special notice to be given to certain persons
interested in adjoining land affected by application
If the granting of an application under section 170
25 or 171 or of an application to bring land under this Act
would affect adjoining land or would cause a certificate
of title to be registered which would be inconsistent
with the certificate of title or relevant graphic for any
adjoining land, the Commissioner shall in addition to
30 any other notices which he may require direct notice of
the application to be served upon all persons appearing
page 33
Transfer of Land Amendment Bill 2001
s. 65
by the Register to be the owners of an estate in fee
simple in, or lessees or mortgagees of, the adjoining
land accompanied by a copy of each plan required
under section 172(2) in relation to the application.
5 ".
65. Section 175 amended
Section 175 is amended as follows:
(a) by inserting after "title" --
" or to amend or replace a relevant graphic ";
10 (b) by deleting "any plan referred to in section 174" and
inserting instead --
"
each plan required under section 172(2) in relation to
the application
15 ".
66. Section 177 amended
Section 177 is amended as follows:
(a) by deleting "the rectification of the Register to be made"
and inserting instead --
20 "
amended or the relevant graphic to be amended or
replaced
".
(b) by inserting after "other certificate" in both places where
25 it occurs --
" or relevant graphic ".
page 34
Transfer of Land Amendment Bill 2001
s. 67
67. Section 178 replaced
Section 178 is repealed and the following section is inserted
instead --
"
5 178. On granting application other certificates, relevant
graphics and duplicate certificates may be
amended, replaced or reissued
(1) Upon granting an application under section 170 or 171
or to bring land under this Act the Commissioner shall
10 direct the Registrar to amend any certificate of title or
to amend or replace any relevant graphic that is a
subject of the application by making the requisite
alteration in the relevant certificate of title or relevant
graphic accompanied by a statement made and signed
15 by him in the certificate or relevant graphic of the
circumstances under which the amendment or
replacement has been made.
(2) If the land is the subject of a paper title the Registrar
shall make the requisite amendment in the duplicate
20 certificate (if any) when brought to him for that or any
other purpose and may retain the duplicate until the
amendment is completed.
(3) If the land is subject to a digital title the Registrar shall
cancel the duplicate certificate of title (if any) and may
25 issue a new edition of the duplicate certificate of title in
accordance with section 74B(2).
(4) If the application is under section 171 the Registrar
shall give notice in writing to the proprietor of the land
described in the certificate that is being amended or the
30 relevant graphic that is being amended or replaced,
informing him of the amendment or replacement and
that on the duplicate certificate (if any) being brought
page 35
Transfer of Land Amendment Bill 2001
s. 68
to the Department the duplicate certificate will be
amended or reissued free of charge.
(5) The Registrar may refuse to register any dealing with
the land or any estate or interest therein until the
5 duplicate certificate (if any) has been brought in for
amendment or reissue.
".
68. Section 179 repealed
Section 179 is repealed.
10 69. Section 182 amended
Section 182(1) is amended as follows:
(a) by deleting "in the Register and on the duplicate" and
inserting instead --
" on the ";
15 (b) by deleting all the words and full stops after the
semicolon and inserting instead --
"
and if the land is the subject of --
(a) a paper title, the Registrar shall make a
20 corresponding entry on the duplicate certificate
of title (if any) when produced to him for that
or any other purpose; or
(b) a digital title, the Registrar shall cancel the
duplicate certificate of title (if any) and may
25 issue a new edition of the duplicate certificate
of title in accordance with section 74B(2).
(1a) Upon such entry on the certificate of title such person
shall become the transferee and be deemed to be the
proprietor of the land, estate or interest.
page 36
Transfer of Land Amendment Bill 2001
s. 70
(1b) Unless and until such entry on the certificate of title
has been made the order has no effect or operation in
transferring or otherwise vesting the land, estate or
interest.
5 ".
70. Section 184 amended
Section 184 is amended by deleting "on the certificate" and
inserting instead --
"
10 , in the case of a paper title, on the certificate or noted,
in the case of a digital title, on the record referred to in
section 48(1)(b)
".
71. Section 185 amended
15 Section 185 is amended as follows:
(a) by deleting "write the word "Satisfied" with his" and
inserting instead --
"
direct the Registrar, in the case of a paper title, to write
20 the word "Satisfied" with the Registrar's
";
(b) by deleting "made." and inserting instead --
"
made and in the case of a digital title, may direct the
25 Registrar to note the satisfaction of the writ on the
record referred to in section 48(1)(b).
".
page 37
Transfer of Land Amendment Bill 2001
s. 72
72. Section 188 amended
Section 188(ii) is amended as follows:
(a) by inserting after "certificates" --
" (in cases of paper titles) ";
5 (b) by inserting after "instruments" --
" or graphics ";
(c) by inserting after "any such error" --
" in a paper medium ";
(d) by inserting after "words" --
10 " or lines ";
(e) by inserting after "same;" --
"
and in the correction of any such error
in a digital medium the Registrar shall
15 keep a permanent record of any words
or lines to be deleted and the date on
which the correction was made or the
entry supplied and if correcting a digital
title the Registrar shall cancel the
20 duplicate certificate of title and may
issue a new edition of the duplicate
certificate of title in accordance with
section 74B(2);
".
25 73. Section 189 amended
Section 189 is amended as follows:
(a) by deleting "paragraph (ii) of the last preceding section"
and inserting instead --
" section 188(ii) ";
30 (b) by deleting "the said section." and inserting instead --
" section 188. ".
page 38
Transfer of Land Amendment Bill 2001
s. 74
74. Section 192 amended
(1) Section 192 is amended as follows:
(a) by inserting before "Whenever" the subsection
designation "(1)";
5 (b) by deleting "document and thereupon half the fees paid
on the lodging of the document shall be forfeited and
dealt with as a penalty under section 190 and the other
half may be returned to the person lodging the document
on his withdrawing the same." and inserting instead --
10 " document. ".
(2) At the end of section 192 the following subsection is inserted --
"
(2) If the Registrar rejects a document under
subsection (1) --
15 (a) the Registrar shall retain from the fees paid on
the lodging of the document such amount as is
prescribed by the regulations (the "prescribed
amount");
(b) the prescribed amount shall be forfeited and
20 dealt with as a penalty under section 190; and
(c) the amount being the difference between the
fees paid on the lodging of the document and
the prescribed amount may be returned to the
person lodging the document when the
25 document is withdrawn from lodgment.
".
75. Section 206 amended
Section 206 is amended by deleting "rectification" in both
places where it occurs and inserting instead --
30 " amendment ".
page 39
Transfer of Land Amendment Bill 2001
s. 76
76. Section 226 repealed
Section 226 is repealed.
77. Section 227 amended
Section 227 is amended as follows:
5 (a) by deleting "the death in the life-time of his wife of any
husband registered as joint proprietor with her of an
estate in fee simple or of a lease mortgage or charge in
her right or upon the death of any female proprietor
whose husband shall be entitled as tenant by the curtesy
10 to any freehold land or upon";
(b) by deleting "widow husband or";
(c) by deleting "the proprietor thereof but as regards any
tenancy by the curtesy for the life-time only of such
husband." and inserting instead --
15 " its proprietor. ".
78. Section 229B amended
(1) Section 229B(1) is amended by deleting "the last preceding
section of this Act" and inserting instead --
" section 229A(2) ".
20 (2) Section 229B(1) is amended by deleting "original of such
certificate, and also upon the duplicate certificate (if any) when
brought to him for that purpose, or when the same is lodged
with the Department for the purpose of any dealing with the
land comprised therein." and inserting instead --
25 "
certificate of title and if the land is the subject of --
(a) a paper title, the Registrar shall make a
corresponding entry on the duplicate certificate
of title (if any) when produced to him for that
30 or any other purpose; or
page 40
Transfer of Land Amendment Bill 2001
s. 79
(b) a digital title, the Registrar shall cancel the
duplicate certificate of title (if any) and may
issue a new edition of the duplicate certificate
of title in accordance with section 74B(2).
5 ".
(3) Section 229B(2) is amended by deleting "detain" and inserting
instead --
" retain ".
79. Section 231 amended
10 Section 231 is amended as follows:
(a) by inserting after "amend a certificate" --
" or to amend or replace a relevant graphic ";
(b) by deleting "a certificate for" and inserting instead --
"
15 or amend a certificate or to amend or replace a relevant
graphic for
".
80. Section 239 replaced
Section 239 is repealed and the following section is inserted
20 instead --
"
239. Inspection of the Register and related documents;
copies and print-outs
(1) A person may, on payment of the prescribed fee and
25 during such times as are prescribed by regulation,
inspect any of the following --
(a) a registered certificate of title;
(b) a plan or diagram relating to land that is the
subject of a certificate of title, including a
30 graphic or a strata/survey-strata plan;
page 41
Transfer of Land Amendment Bill 2001
s. 80
(c) in relation to land that is the subject of a digital
title, the record of an endorsement referred to in
section 48(1)(b) in relation to the land;
(d) in relation to land that is the subject of a paper
5 title, the record of an entry referred to in
section 48(1)(c) in relation to a sublease of the
land;
(e) a registered Crown lease or Crown grant;
(f) a registered instrument;
10 (g) a caveat, power of attorney or discharge of
mortgage lodged or deposited under this Act;
(h) a--
(i) notification or memorial under this or
any other Act; or
15 (ii) warrant or writ of execution,
that is registered, entered or otherwise noted on
a certificate of title or lodged or deposited
under this Act;
(i) an application made under this Act;
20 (j) a memorandum filed under section 54.
(2) The Registrar may produce to a person who wishes to
inspect any document referred to in subsection (1) a
copy of the document that the person wishes to inspect
and the copy may be in such medium as is approved by
25 the Registrar for the purposes of this section.
(3) The Registrar, on receiving payment of the prescribed
fee, shall provide to a person applying for the same a
copy or print-out of any document referred to in
subsection (1) and the copy or print-out may be in an
30 approved form.
".
page 42
Transfer of Land Amendment Bill 2001
s. 81
81. Section 239A amended
Section 239A(3)(b) is amended by deleting "of which can be
obtained under section 239(2);" and inserting instead --
"
5 or print-out of which can be obtained under section
239(3);
".
82. Section 239B inserted
After section 239A the following section is inserted --
10 "
239B. Evidentiary documents as to current and historical
matters
(1) The Registrar, on receiving payment of the prescribed
fee, shall provide to a person applying for the same --
15 (a) a certified and sealed copy or print-out of any
document referred to in section 239(1); or
(b) a certified and sealed document in an approved
form that sets out the matters that, at a
particular point in time, were contained or
20 recited or incorporated in or endorsed on a
document referred to in section 239(1).
(2) A document referred to in subsection (1)(a) or (b) shall
be admissible as evidence in any court or by any
person having by law or by consent of parties authority
25 to receive evidence as prima facie proof of the
document and of the matters set out in the document.
".
page 43
Transfer of Land Amendment Bill 2001
s. 83
83. Schedule 9A amended
Schedule 9A is amended by inserting after "enjoyment" in each
place where it occurs --
"
5 or in the case of an easement in gross the person having the
benefit of the easement
".
84. Twenty-fourth Schedule amended
(1) The Twenty-fourth Schedule is amended in the heading
10 "Application to Amend Certificate" by inserting after
"Certificate" --
" or to amend or replace a relevant graphic: s. 170 ".
(2) The Twenty-fourth Schedule is amended in item 1 of the
"Application to Amend Certificate" as follows:
15 (a) by inserting after "amended" --
"
or graphic [state identifying details] amended or replaced
";
(b) by inserting after "amendment" --
20 " or replacement ";
(c) by inserting after "in the certificate" --
" or graphic ";
(d) by inserting after "that the certificate" --
" or graphic ".
25 (3) The Twenty-fourth Schedule is amended in item 2 of the
"Application to Amend Certificate" by inserting after
"amended" --
" or a relevant graphic when amended or replaced ".
page 44
Transfer of Land Amendment Bill 2001
s. 84
(4) The Twenty-fourth Schedule is amended in item 6 of the
"Application to Amend Certificate" by inserting after
"certificate" --
" or graphic ".
5 (5) The Twenty-fourth Schedule is amended in the heading
"Application to rectify Register" by deleting "rectify Register"
and inserting instead --
"
amend certificate or to amend or replace a relevant graphic: s. 171
10 ".
(6) The Twenty-fourth Schedule is amended in the "Application to
rectify Register" by deleting item 1 and inserting the following
item instead --
"
15 1. I the registered proprietor of the land which is
described as follows in the certificate of title
No. -- [set out full particulars as in certificate]
or graphic [state identifying details] -- apply to have a
certificate amended or a graphic amended or replaced in the
20 following particulars: -- [State the nature of the proposed
amendment or replacement and mention the number of
every certificate or identifying details of each relevant
graphic and the name of every registered proprietor whose
certificate of title or relevant graphic would be affected by
25 the proposed amendment or replacement].
".
(7) The Twenty-fourth Schedule is amended in the "Application to
rectify Register" in item 2 by deleting "and that in the other
certificates" and inserting instead --
30 " or graphic and that in the other certificates or graphics ".
(8) The Twenty-fourth Schedule is amended in the "Application to
rectify Register" in item 3 by deleting "rectification" and
inserting instead --
" amendment or replacement ".
page 45
Transfer of Land Amendment Bill 2001
s. 85
(9) The Twenty-fourth Schedule is amended in the "Application to
rectify Register" in item 4 by inserting after "certificate" --
" or graphic ".
85. Consequential amendments to the Evidence Act 1906
5 (1) Section 56(b) of the Evidence Act 1906* is amended by deleting
"Assistant or Deputy Registrar" and inserting instead --
" Deputy Commissioner of Titles or Assistant Registrar ".
(2) The Fifth Schedule of the Evidence Act 1906* is amended by
deleting "Deputy" and inserting instead --
10 " Assistant ".
[* Reprinted as at 4 January 2001.]
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