(1) The Governor may
make such regulations as are contemplated by this Act or as are necessary or
convenient for the purposes of this Act.
(2) Without limiting
the generality of subsection (1), the regulations may—
(a)
provide that a document or record required to be produced or retained by a
person under this Act must be retained by the person for a particular period;
and
(b)
prescribe, and provide for the payment, recovery, waiver, reduction or refund
of, fees and charges payable for or in respect of the following:
(i)
the doing of an act or thing under this Act or the
Electronic Conveyancing National Law (South Australia) ;
(ii)
doing an act or thing in respect of the Register Book or
the Register of Crown Leases required under any other Act;
(A) the Register Book or the Register of
Crown Leases (whether electronically or in any other manner); or
(B) a document deposited or registered in
the Lands Titles Registration Office,
for information recorded under this or any other Act;
(iv)
obtaining copies of material searched for under
subparagraph (iii);
(v)
charges recoverable by solicitors and
registered conveyancers for transacting business under the provisions of this
Act;
(vi)
the provision of lodgement support services by the
Registrar-General.
(3) Fees or charges
prescribed under subsection (2) for registering a transfer of land may be
based on the consideration for the transfer, the value of the land transferred
or any other basis whether or not the fee or charge exceeds the administrative
cost of registering the transfer.
(3a) An unpaid fee or
charge for registering a transfer of land is, until payment, a first charge in
respect of the land.
(4) A regulation
prescribing fees or charges for registering a transfer of land may also
provide that the Registrar-General may—
(a)
recover an amount (including interest) as a debt if the Registrar-General
determines, having regard to the capital value of land as determined by the
Valuer-General or any other relevant information, that the value of the
transferred land at the time of the transfer was higher than the value of the
transferred land used as the basis for calculating the fee or charge; or
(b)
refund an amount if the Registrar-General determines, having regard to the
capital value of land as determined by the Valuer-General or any other
relevant information, that the value of the transferred land at the time of
the transfer was lower than the value of the transferred land used as the
basis for calculating the fee or charge.
(5) Regulations under
this Act—
(a) may
be of general application or limited application; and
(b) may
make different provision according to the matters or circumstances to which
they are expressed to apply; and
(c) may
exempt, or empower the Registrar-General to exempt, persons or classes of
persons, or instruments or classes of instruments, from the application of
this Act or provisions of this Act, absolutely or subject to conditions.
(6) The Governor may,
by regulation, make provisions of a saving or transitional nature consequent
on the amendment of this Act by another Act.
(7) A provision of a
regulation made under subsection (6) may, if the regulation so provides,
take effect from the commencement of the amendment or from a later day.
(8) To the extent to
which a provision takes effect under subsection (7) from a day earlier
than the day of the regulation's publication in the Gazette, the provision
does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(9) Without limiting
the operation of subsections (6), (7) or (8), the regulations may, for
transitional purposes—
(a)
provide that this Act or specified provisions of this Act will not apply in
relation to a particular person or thing, or a class of person or thing, until
a specified day; or
(b)
modify the application of this Act or provisions of this Act in relation to a
particular person or thing, or a class of person or thing, until a specified
day.