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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 2021
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Transfer of Land Act 1893
amended
3. Act amended 3
4. Section 4 amended 3
5. Section 4A amended 4
6. Section 9 amended 4
7. Section 10 amended 4
8. Section 23 amended 4
9. Section 30 amended 4
10. Section 48B replaced 5
48B. No duplicate certificate of title to be issued 5
11. Section 57 deleted 5
12. Section 59 amended 5
13. Section 69 amended 5
14. Section 71 amended 6
15. Section 71A amended 6
16. Section 71B deleted 6
17. Section 74 deleted 6
18. Section 74A amended 6
19. Sections 74B to 79 deleted 6
20. Section 81W amended 6
21. Section 86 amended 7
22. Section 87 amended 7
23. Section 105AA inserted 8
105AA. Mortgages lodged electronically 8
16--1 page i
Transfer of Land Amendment Bill 2021
Contents
24. Section 106 amended 8
25. Section 121 amended 9
26. Section 123 amended 10
27. Section 125 amended 10
28. Section 126 amended 10
29. Section 127 deleted 11
30. Section 133 amended 11
31. Section 137 amended 11
32. Section 171 amended 11
33. Section 173 amended 12
34. Section 178 amended 12
35. Section 181 amended 12
36. Section 182A amended 12
37. Section 182 amended 13
38. Section 188 amended 13
39. Section 196 amended 13
40. Section 214 amended 13
41. Section 219 amended 14
42. Section 229B amended 14
43. Section 232A deleted 14
44. Section 240 replaced 14
240. Service of notices 14
45. Section 240A amended 15
46. Section 243 replaced 15
243. Registrar may cancel certificate of title
when land revested in Crown 15
47. Part 16 inserted 16
Part 16 -- Transitional provisions for Transfer of
Land Amendment Act 2021
248. Transitional provision for duplicate
certificates of title 16
249. Transitional provision for service of
documents 16
Part 3 -- Amendments to other Acts
Division 1 -- Community Titles Act 2018
amended
48. Act amended 18
49. Section 52 amended 18
page ii
Transfer of Land Amendment Bill 2021
Contents
Division 2 -- Criminal Property Confiscation
Act 2000 amended
50. Act amended 18
51. Section 113 amended 18
Division 3 -- Escheat (Procedure) Act 1940
amended
52. Act amended 19
53. Section 10 amended 19
Division 4 -- Fire and Emergency Services
Act 1998 amended
54. Act amended 19
55. Section 36ZC amended 19
Division 5 -- First Home Owner Grant Act 2000
amended
56. Act amended 19
57. Section 58 amended 20
Division 6 -- Local Government Act 1995
amended
58. Act amended 20
59. Schedule 6.2 clause 1 amended 20
60. Schedule 6.3 clause 4 amended 20
61. Schedule 6.3 clause 8 amended 20
Division 7 -- Strata Titles Act 1985 amended
62. Act amended 20
63. Section 58 amended 21
64. Section 105 amended 21
65. Section 183 amended 21
66. Schedule 2A clause 21Z amended 21
67. Schedule 2A clause 31E amended 21
68. Schedule 2A clause 31K amended 21
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Transfer of Land Amendment Bill 2021
A Bill for
An Act to amend the Transfer of Land Act 1893 to --
• provide greater flexibility in relation to the service of notices
under the Act; and
• remove references to duplicate certificates of title; and
• make consequential and other amendments to various Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Transfer of Land Amendment Bill 2021
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Transfer of Land Amendment Act 2021.
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,
9 and different days may be fixed for different provisions.
page 2
Transfer of Land Amendment Bill 2021
Transfer of Land Act 1893 amended Part 2
s. 3
1 Part 2 -- Transfer of Land Act 1893 amended
2 3. Act amended
3 This Part amends the Transfer of Land Act 1893.
4 4. Section 4 amended
5 (1) Delete section 4(1CA)(b) and insert:
6
7 (b) the documents are in the same terms or
8 substantially the same terms.
9
10 (2) After section 4(1CA) insert:
11
12 (1CB) Without limiting subsection (1CA)(b), documents are
13 in substantially the same terms for the purposes of that
14 provision if the documents contain exactly the same
15 data or information apart from all or any of the
16 following --
17 (a) any signature created for or appearing on each
18 document;
19 (b) the details of any attesting witness;
20 (c) the date on which the documents were signed
21 or witnessed;
22 (d) any data or information authorised or required
23 by a taxation Act (as defined in the Taxation
24 Administration Act 2003 Glossary);
25 (e) anything else prescribed by the regulations for
26 the purposes of this subsection.
27
page 3
Transfer of Land Amendment Bill 2021
Part 2 Transfer of Land Act 1893 amended
s. 5
1 5. Section 4A amended
2 In section 4A(2) delete "48B, 70, 71B," and insert:
3
4 70,
5
6 6. Section 9 amended
7 After section 9(2) insert:
8
9 (3) Nothing in this section applies to or in relation to a
10 duplicate certificate of title issued before the day on
11 which the Transfer of Land Amendment Act 2021
12 section 10 comes into operation.
13
14 7. Section 10 amended
15 In section 10(3):
16 (a) delete "or its duplicate";
17 (b) in paragraph (b) delete "duplicate,".
18 8. Section 23 amended
19 In section 23(1) delete "and shall cause a copy of such notice to
20 be posted in a conspicuous place at the Authority's office".
21 9. Section 30 amended
22 (1) Delete section 30(5)(b).
page 4
Transfer of Land Amendment Bill 2021
Transfer of Land Act 1893 amended Part 2
s. 10
1 (2) After section 30(5) insert:
2
3 (6) A number for a facsimile machine in Australia may be
4 used for the purposes referred to in subsection (5) if --
5 (a) a caveat under this section is lodged before the
6 day on which the Transfer of Land Amendment
7 Act 2021 section 9 comes into operation; and
8 (b) that number is specified in the caveat.
9
10 10. Section 48B replaced
11 Delete section 48B and insert:
12
13 48B. No duplicate certificate of title to be issued
14 The Registrar must not issue a duplicate certificate of
15 title.
16
17 11. Section 57 deleted
18 Delete section 57.
19 12. Section 59 amended
20 In section 59 delete "and on the duplicate certificate of title (if
21 any)".
22 13. Section 69 amended
23 (1) In section 69(1) delete "and its duplicate (if any)".
24 (2) In section 69(2):
25 (a) delete "and their duplicates (if any)";
26 (b) delete "and its duplicate (if any)".
page 5
Transfer of Land Amendment Bill 2021
Part 2 Transfer of Land Act 1893 amended
s. 14
1 14. Section 71 amended
2 In section 71 delete "and on his delivering up the duplicate (if
3 any) of each certificate".
4 15. Section 71A amended
5 In section 71A(2) delete "Registrar shall retain the duplicate (if
6 any) of the partially cancelled certificate of title and," and
7 insert:
8
9 Registrar,
10
11 16. Section 71B deleted
12 Delete section 71B.
13 17. Section 74 deleted
14 Delete section 74.
15 18. Section 74A amended
16 In section 74A(1) delete "the duplicate or".
17 19. Sections 74B to 79 deleted
18 Delete sections 74B to 79.
19 20. Section 81W amended
20 (1) Delete section 81W(9)(b).
21 (2) After section 81W(9) insert:
22
23 (10) A number for a facsimile machine in Australia may be
24 used for the purposes referred to in subsection (9) if --
25 (a) a caveat is lodged under subsection (6) before
26 the day on which the Transfer of Land
page 6
Transfer of Land Amendment Bill 2021
Transfer of Land Act 1893 amended Part 2
s. 21
1 Amendment Act 2021 section 20 comes into
2 operation; and
3 (b) that number is specified in the caveat.
4
5 21. Section 86 amended
6 (1) In section 86(1) delete "the transferor shall deliver up to the
7 Registrar the duplicate certificate (if any) and".
8 (2) Delete section 86(2).
9 (3) In section 86(4) delete "instead of being retained by the
10 Registrar".
11 Note: The heading to amended section 86 is to read:
12 Registration of transfer
13 22. Section 87 amended
14 Delete section 87(1) and (2) and insert:
15
16 (1) If a transfer purports to transfer the whole of the land
17 mentioned in a paper title, the Registrar may, if the
18 Registrar thinks fit, instead of cancelling the certificate
19 of title under section 86, enter on the certificate of title
20 a memorandum of the transfer.
21 (2) If a transfer purports to transfer the whole of the land
22 mentioned in a digital title, the Registrar may, if the
23 Registrar thinks fit, instead of cancelling the certificate
24 of title under section 86, enter the name of the
25 transferee as the new proprietor on the certificate of
26 title.
27
page 7
Transfer of Land Amendment Bill 2021
Part 2 Transfer of Land Act 1893 amended
s. 23
1 23. Section 105AA inserted
2 After section 105 insert:
3
4 105AA. Mortgages lodged electronically
5 A mortgage must not be lodged electronically under
6 the Electronic Conveyancing Act 2014 unless the
7 mortgagee --
8 (a) has signed the mortgage instrument; and
9 (b) holds a counterpart of the mortgage instrument
10 signed by the proprietor of the land.
11
12 24. Section 106 amended
13 (1) In section 106(2):
14 (a) delete "Notwithstanding section 240, service" and
15 insert:
16
17 Service
18
19 (b) delete paragraph (d) and insert:
20
21 (d) the notice is sent to the mortgagor or the
22 grantor or the mortgagor's or grantor's
23 transferees, as the case requires, in compliance
24 with a way of sending notices electronically
25 (for example, to an email address) that is
26 prescribed by the regulations for the purposes
27 of this paragraph.
28
page 8
Transfer of Land Amendment Bill 2021
Transfer of Land Act 1893 amended Part 2
s. 25
1 (2) After section 106(2) insert:
2
3 (3) A notice may be sent under subsection (2) to the
4 number of the facsimile machine of the mortgagor or
5 the grantor or the mortgagor's or grantor's transferees,
6 as the case requires, if, under subsection (2)(d) as in
7 force immediately before the commencement of the
8 Transfer of Land Amendment Act 2021
9 section 24(1)(b), the mortgagor, the grantor or the
10 transferee has specified in writing that notices under
11 this section may be served by facsimile transmission.
12
13 25. Section 121 amended
14 (1) In section 121(2):
15 (a) delete "Notwithstanding section 240, service" and
16 insert:
17
18 Service
19
20 (b) delete paragraph (d) and insert:
21
22 (d) the notice is sent to the person in compliance
23 with a way of sending notices electronically
24 (for example, to an email address) that is
25 prescribed by the regulations for the purposes
26 of this paragraph.
27
28 (2) After section 121(2) insert:
29
30 (3) A notice may be sent under subsection (2) to the
31 number of the person's facsimile machine if, under
32 subsection (2)(d) as in force immediately before the
page 9
Transfer of Land Amendment Bill 2021
Part 2 Transfer of Land Act 1893 amended
s. 26
1 commencement of the Transfer of Land Amendment
2 Act 2021 section 25(1)(b), the person has specified in
3 writing to the mortgagee or the mortgagee's
4 transferees, as the case requires, that notices of
5 intention under this section may be served on the
6 person by facsimile transmission.
7
8 26. Section 123 amended
9 In section 123:
10 (a) delete "discharged; and if the land is the subject of --"
11 and insert:
12
13 discharged.
14
15 (b) delete paragraphs (a) and (b).
16 27. Section 125 amended
17 In section 125:
18 (a) delete "annuity; and if the land is the subject of --" and
19 insert:
20
21 annuity.
22
23 (b) delete paragraphs (a) and (b).
24 28. Section 126 amended
25 (1) Delete section 126(1B).
page 10
Transfer of Land Amendment Bill 2021
Transfer of Land Act 1893 amended Part 2
s. 29
1 (2) In section 126(2):
2 (a) delete "mortgage and if the land is the subject of --"
3 and insert:
4
5 mortgage.
6
7 (b) delete paragraphs (a) and (b).
8 29. Section 127 deleted
9 Delete section 127.
10 30. Section 133 amended
11 Delete section 133(10).
12 31. Section 137 amended
13 (1) Delete section 137(1D)(b).
14 (2) After section 137(1D) insert:
15
16 (1E) A number for a facsimile machine in Australia may be
17 used for the purposes referred to in subsection (1D)
18 if --
19 (a) a caveat under this section is lodged before the
20 day on which the Transfer of Land Amendment
21 Act 2021 section 31 comes into operation; and
22 (b) that number is specified in the caveat.
23
24 32. Section 171 amended
25 In section 171 delete "and the duplicate (if any)".
page 11
Transfer of Land Amendment Bill 2021
Part 2 Transfer of Land Act 1893 amended
s. 33
1 33. Section 173 amended
2 In section 173 delete "and to be posted in a conspicuous place
3 outside a post office in the neighbourhood of such land".
4 34. Section 178 amended
5 (1) Delete section 178(2) and (3).
6 (2) In section 178(4) delete the passage that begins with
7 "replacement and" and ends with "free of charge." and insert:
8
9 replacement.
10
11 (3) Delete section 178(5).
12 Note: The heading to amended section 178 is to read:
13 Certificate of title and relevant graphics may be amended or
14 replaced on granting application
15 35. Section 181 amended
16 In section 181(1):
17 (a) delete paragraph (bd);
18 (b) in paragraph (bj) delete "means; and" and insert:
19
20 means and when any notice given under this Act is taken
21 to have been received; and
22
23 36. Section 182A amended
24 Delete section 182A(1)(b).
page 12
Transfer of Land Amendment Bill 2021
Transfer of Land Act 1893 amended Part 2
s. 37
1 37. Section 182 amended
2 In section 182(1):
3 (a) delete the passage that begins with "and duplicate" and
4 ends with "the subject of --" and insert:
5
6 the date of the order, the time of its production to the
7 Registrar and the name and address of the person in
8 whom the order purports to vest the land, estate or
9 interest.
10
11 (b) delete paragraphs (a) and (b).
12 38. Section 188 amended
13 (1) In section 188(3) delete "duplicate certificates (in case of paper
14 titles) or".
15 (2) In section 188(5) delete the passage that begins with "supplied
16 and if " and ends with "section 74B(2)." and insert:
17
18 supplied.
19
20 (3) Delete section 188(9).
21 39. Section 196 amended
22 In section 196(1) delete the passage that begins with "or to any
23 person" and ends with "pursuant to section 75;".
24 40. Section 214 amended
25 In section 214(3):
26 (a) delete paragraph (h);
page 13
Transfer of Land Amendment Bill 2021
Part 2 Transfer of Land Act 1893 amended
s. 41
1 (b) in paragraph (i)(iii) delete "registered;" and insert:
2
3 registered.
4
5 (c) delete paragraph (j).
6 41. Section 219 amended
7 Delete section 219(3).
8 42. Section 229B amended
9 (1) In section 229B(1):
10 (a) delete "title and if the land is the subject of --" and
11 insert:
12
13 title.
14
15 (b) delete paragraphs (a) and (b).
16 (2) Delete section 229B(2).
17 43. Section 232A deleted
18 Delete section 232A.
19 44. Section 240 replaced
20 Delete section 240 and insert:
21
22 240. Service of notices
23 (1) For the purposes of this Act, service of a notice on a
24 person --
25 (a) must be effected in the manner provided for in
26 this Act or, if the manner of service is not
27 provided for in this Act, in a manner prescribed
28 by the regulations; and
page 14
Transfer of Land Amendment Bill 2021
Transfer of Land Act 1893 amended Part 2
s. 45
1 (b) may be taken to have been effected for the
2 purposes of paragraph (a) in the circumstances
3 prescribed by the regulations.
4 (2) If the Commissioner or Registrar attempts to serve a
5 notice under this Act on a person but, for any reason,
6 the notice is unable to be served, the Commissioner or
7 Registrar may --
8 (a) serve a further notice on the person in the
9 manner determined by the Commissioner or
10 Registrar; or
11 (b) proceed without the notice being served.
12
13 45. Section 240A amended
14 In section 240A(1) in the definition of notification details delete
15 paragraphs (b) and (c) and insert:
16
17 (b) a way of receiving notices electronically (for
18 example, an email address) that is prescribed by
19 the regulations for the purposes of this
20 paragraph.
21
22 Note: The heading to amended section 240A is to read:
23 Notification of change of address or way of receiving notices
24 electronically
25 46. Section 243 replaced
26 Delete section 243 and insert:
27
28 243. Registrar may cancel certificate of title when land
29 revested in Crown
30 The Registrar may, on registering a ministerial order
31 made under the Land Administration Act 1997
page 15
Transfer of Land Amendment Bill 2021
Part 2 Transfer of Land Act 1893 amended
s. 47
1 section 82, cancel the certificate of title of the land
2 revested.
3
4 47. Part 16 inserted
5 After section 247 insert:
6
7 Part 16 -- Transitional provisions for Transfer
8 of Land Amendment Act 2021
9 248. Transitional provision for duplicate certificates of
10 title
11 (1) In this section --
12 commencement day means the day on which the
13 Transfer of Land Amendment Act 2021 section 10
14 comes into operation.
15 (2) A duplicate certificate of title in effect immediately
16 before the commencement day has no legal effect on
17 and after the commencement day.
18 249. Transitional provision for service of documents
19 (1) In this section --
20 commencement day means the day on which the
21 Transfer of Land Amendment Act 2021 section 44
22 comes into operation.
23 (2) Subsection (4) applies if --
24 (a) before the commencement day a document is
25 presented for lodgment with the Authority,
26 whether for the purposes of registration or
27 otherwise; and
28 (b) the presentation or lodgment of the document
29 causes a notice to be served under this Act (the
page 16
Transfer of Land Amendment Bill 2021
Transfer of Land Act 1893 amended Part 2
s. 47
1 notice to be served) on or after the
2 commencement day.
3 (3) Subsection (4) also applies if --
4 (a) before the commencement day a document is
5 lodged with the Authority; and
6 (b) a notice is to be served under this Act (the
7 notice to be served) on or after the
8 commencement day in relation to the lodged
9 document.
10 (4) The notice to be served may be served under this Act
11 as in force --
12 (a) immediately before the commencement day; or
13 (b) at the time of service.
14
page 17
Transfer of Land Amendment Bill 2021
Part 3 Amendments to other Acts
Division 1 Community Titles Act 2018 amended
s. 48
1 Part 3 -- Amendments to other Acts
2 Division 1 -- Community Titles Act 2018 amended
3 48. Act amended
4 This Division amends the Community Titles Act 2018.
5 49. Section 52 amended
6 Delete section 52(3).
7 Division 2 -- Criminal Property Confiscation Act 2000 amended
8 50. Act amended
9 This Division amends the Criminal Property Confiscation
10 Act 2000.
11 51. Section 113 amended
12 (1) In section 113(3) delete "certificate of title or any duplicate
13 instrument for the purposes of entering on the duplicate
14 certificate or" and insert:
15
16 instrument for the purposes of entering on the
17
18 (2) In section 113(4):
19 (a) delete "duplicate certificate of title or" (first
20 occurrence);
21 (b) in paragraphs (a) and (b) delete "the duplicate certificate
22 of title or".
23 (3) Delete section 113(5).
page 18
Transfer of Land Amendment Bill 2021
Amendments to other Acts Part 3
Escheat (Procedure) Act 1940 amended Division 3
s. 52
1 Division 3 -- Escheat (Procedure) Act 1940 amended
2 52. Act amended
3 This Division amends the Escheat (Procedure) Act 1940.
4 53. Section 10 amended
5 In section 10(2) delete the passage that begins with "transfer
6 and, notwithstanding" and continues to the end of the subsection
7 and insert:
8
9 transfer.
10
11 Division 4 -- Fire and Emergency Services Act 1998 amended
12 54. Act amended
13 This Division amends the Fire and Emergency Services
14 Act 1998.
15 55. Section 36ZC amended
16 In section 36ZC(3)(c) delete "a duplicate certificate of title or
17 other" and insert:
18
19 any
20
21 Division 5 -- First Home Owner Grant Act 2000 amended
22 56. Act amended
23 This Division amends the First Home Owner Grant Act 2000.
page 19
Transfer of Land Amendment Bill 2021
Part 3 Amendments to other Acts
Division 6 Local Government Act 1995 amended
s. 57
1 57. Section 58 amended
2 Delete section 58(3)(c) and insert:
3
4 (c) authorising the Registrar to register a transfer to
5 a purchaser without requiring any document;
6 and
7
8 Division 6 -- Local Government Act 1995 amended
9 58. Act amended
10 This Division amends the Local Government Act 1995.
11 59. Schedule 6.2 clause 1 amended
12 Delete Schedule 6.2 clause 1(2) and insert:
13
14 (2) The Registrar of Titles, upon production of the lease, must
15 register it if --
16 (a) the lease is of land that is subject to the provisions
17 of the Transfer of Land Act 1893; and
18 (b) the term of the lease exceeds 3 years.
19
20 60. Schedule 6.3 clause 4 amended
21 Delete Schedule 6.3 clause 4(3).
22 61. Schedule 6.3 clause 8 amended
23 Delete Schedule 6.3 clause 8(2).
24 Division 7 -- Strata Titles Act 1985 amended
25 62. Act amended
26 This Division amends the Strata Titles Act 1985.
page 20
Transfer of Land Amendment Bill 2021
Amendments to other Acts Part 3
Strata Titles Act 1985 amended Division 7
s. 63
1 63. Section 58 amended
2 Delete section 58(3).
3 64. Section 105 amended
4 In section 105(5)(a)(ii) delete "a duplicate or".
5 65. Section 183 amended
6 Delete section 183(17)(b).
7 66. Schedule 2A clause 21Z amended
8 Delete Schedule 2A clause 21Z(2).
9 67. Schedule 2A clause 31E amended
10 Delete Schedule 2A clause 31E(2).
11 68. Schedule 2A clause 31K amended
12 Delete Schedule 2A clause 31K(2).
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