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This is a Bill, not an Act. For current law, see the Acts databases.


TRANSFER OF LAND AMENDMENT BILL 2018

                    Western Australia


 Transfer of Land Amendment Bill 2018

                         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                                             3
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                                             5
15.   Section 71A amended                                            5
16.   Section 71B deleted                                            5
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                                             6
22.   Section 87 amended                                             7
23.   Section 105AA inserted                                         7
      105AA.   Mortgages lodged electronically                  7
24.   Section 106 amended                                            8


                           111--1                                    page i
Transfer of Land Amendment Bill 2018



Contents



      25.    Section 121 amended                                         9
      26.    Section 123 amended                                        10
      27.    Section 125 amended                                        10
      28.    Section 126 amended                                        10
      29.    Section 127 deleted                                        10
      30.    Section 133 amended                                        11
      31.    Section 137 amended                                        11
      32.    Section 171 amended                                        11
      33.    Section 173 deleted                                        11
      34.    Section 178 amended                                        11
      35.    Section 181 amended                                        12
      36.    Section 182A amended                                       12
      37.    Section 182 amended                                        12
      38.    Section 188 amended                                        12
      39.    Section 196 amended                                        13
      40.    Section 214 amended                                        13
      41.    Section 219 amended                                        13
      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 2018
             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 -- Criminal Property Confiscation
                   Act 2000 amended
      48.    Act amended                                                18
      49.    Section 113 amended                                        18




page ii
                          Transfer of Land Amendment Bill 2018



                                                      Contents



      Division 2 -- Escheat (Procedure) Act 1940
            amended
50.   Act amended                                        18
51.   Section 10 amended                                 19
      Division 3 -- Fire and Emergency Services
            Act 1998 amended
52.   Act amended                                       19
53.   Section 36ZC amended                              19
      Division 4 -- First Home Owner Grant Act 2000
            amended
54.   Act amended                                       19
55.   Section 58 amended                                19
      Division 5 -- Local Government Act 1995
            amended
56.   Act amended                                       20
57.   Schedule 6.2 amended                              20
58.   Schedule 6.3 amended                              20
      Division 6 -- Strata Titles Act 1985 amended
59.   Act amended                                       20
60.   Section 30 amended                                20
61.   Section 105 amended                               21
62.   Schedule 2A amended                               21




                                                       page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY


      Transfer of Land Amendment Bill 2018

                               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 2018
    Part 1          Preliminary

    s. 1



1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Transfer of Land Amendment Act 2018.

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 2018
                                 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


28   5.           Section 4A amended
29                In section 4A(2) delete "71B,".


                                                                             page 3
     Transfer of Land Amendment Bill 2018
     Part 2          Transfer of Land Act 1893 amended

     s. 6



1    6.         Section 9 amended
2               After section 9(2) insert:
3

4               (3)   Nothing in this section applies to or in relation to a
5                     duplicate certificate of title issued before the Transfer
6                     of Land Amendment Act 2018 section 10 comes into
7                     operation.
8


9    7.         Section 10 amended
10              In section 10(3):
11                (a) delete "or its duplicate";
12                (b) in paragraph (b) delete "duplicate,".

13   8.         Section 23 amended
14              In section 23(1) delete "and shall cause a copy of such notice to
15              be posted in a conspicuous place at the Authority's office".

16   9.         Section 30 amended
17        (1)   Delete section 30(5)(b).
18        (2)   After section 30(5) insert:
19

20              (6)   If --
21                      (a)   a caveat under this section is lodged before the
22                            day on which the Transfer of Land Amendment
23                            Act 2018 section 9 comes into operation; and
24                      (b)   a number for a facsimile machine in Australia
25                            is specified in the caveat,
26                    that number may be used for the purposes referred to in
27                    subsection (5).
28




     page 4
                                             Transfer of Land Amendment Bill 2018
                                 Transfer of Land Act 1893 amended         Part 2

                                                                                 s. 10



1    10.         Section 48B replaced
2                Delete section 48B and insert:
3


4            48B.      No duplicate certificate of title to be issued
5                      The Registrar must not issue a duplicate certificate of
6                      title.
7


8    11.         Section 57 deleted
9                Delete section 57.

10   12.         Section 59 amended
11               In section 59 delete "and on the duplicate certificate of title (if
12               any)".

13   13.         Section 69 amended
14         (1)   In section 69(1) delete "and its duplicate (if any)".
15         (2)   In section 69(2):
16                 (a) delete "and their duplicates (if any)";
17                 (b) delete "and its duplicate (if any)".

18   14.         Section 71 amended
19               In section 71 delete "and on his delivering up the duplicate (if
20               any) of each certificate".

21   15.         Section 71A amended
22               Delete section 71A(2).

23   16.         Section 71B deleted
24               Delete section 71B.



                                                                               page 5
     Transfer of Land Amendment Bill 2018
     Part 2          Transfer of Land Act 1893 amended

     s. 17



1    17.          Section 74 deleted
2                 Delete section 74.

3    18.          Section 74A amended
4                 In section 74A(1) delete "the duplicate or".

5    19.          Sections 74B to 79 deleted
6                 Delete sections 74B to 79.

7    20.          Section 81W amended
8          (1)    Delete section 81W(9)(b).
9          (2)    After section 81W(9) insert:
10

11               (10)   If --
12                        (a)    a caveat is lodged under subsection (6) before
13                               the day on which the Transfer of Land
14                               Amendment Act 2018 section 20 comes into
15                               operation; and
16                        (b)    a number for a facsimile machine in Australia
17                               is specified in the caveat,
18                      that number may be used for the purposes referred to in
19                      subsection (9).
20

21   21.          Section 86 amended
22         (1)    In section 86(1) delete "the transferor shall deliver up to the
23                Registrar the duplicate certificate (if any) and".
24         (2)    Delete section 86(2).
25         (3)    In section 86(4) delete "instead of being retained by the
26                Registrar".
27                Note: The heading to amended section 86 is to read:
28                      Registration of transfer


     page 6
                                         Transfer of Land Amendment Bill 2018
                             Transfer of Land Act 1893 amended         Part 2

                                                                              s. 22



1    22.     Section 87 amended
2            Delete section 87(1) and (2) and insert:
3

4            (1)   If a transfer purports to transfer the whole of the land
5                  mentioned in a paper title, the Registrar may, if the
6                  Registrar thinks fit, instead of cancelling the certificate
7                  of title under section 86, enter on the certificate of title
8                  a memorandum of the transfer.
9            (2)   If a transfer purports to transfer the whole of the land
10                 mentioned in a digital title, the Registrar may, instead
11                 of cancelling the certificate of title under section 86,
12                 enter the name of the transferee as the new proprietor
13                 on the certificate of title.
14


15   23.     Section 105AA inserted
16           After section 105 insert:
17


18         105AA. Mortgages lodged electronically
19                 A mortgage must not be lodged electronically under
20                 the Electronic Conveyancing Act 2014 unless the
21                 mortgagee --
22                   (a) has signed the mortgage instrument; and
23                   (b) holds a counterpart signed by the proprietor of
24                        the land.
25




                                                                           page 7
     Transfer of Land Amendment Bill 2018
     Part 2          Transfer of Land Act 1893 amended

     s. 24



1    24.         Section 106 amended
2          (1)   In section 106(2):
3                  (a) delete "Notwithstanding section 240, service" and
4                        insert:
5

6                        Service
7

8                 (b)    delete paragraph (d) and insert:
9

10                       (d)   the notice is sent to the mortgagor or the
11                             grantor or the mortgagor's or grantor's
12                             transferees, as the case requires, in compliance
13                             with a way of sending notices electronically
14                             (for example, to an email address) that is
15                             prescribed by the regulations for the purposes
16                             of this paragraph.
17

18         (2)   After section 106(2) insert:
19

20               (3)    A notice may be sent under subsection (2) to the
21                      number of the facsimile machine of the mortgagor or
22                      the grantor or the mortgagor's or grantor's transferees,
23                      as the case requires, if, under subsection (2)(d) as in
24                      force immediately before the commencement of the
25                      Transfer of Land Amendment Act 2018
26                      section 24(1)(b), the mortgagor, the grantor or the
27                      transferee has specified in writing that notices under
28                      this section may be served by facsimile transmission.
29




     page 8
                                               Transfer of Land Amendment Bill 2018
                                   Transfer of Land Act 1893 amended         Part 2

                                                                                 s. 25



1    25.         Section 121 amended
2          (1)   In section 121(2):
3                  (a) delete "Notwithstanding section 240, service" and
4                        insert:
5

6                        Service
7

8                 (b)    delete paragraph (d) and insert:
9

10                       (d)   the notice is sent to the person in compliance
11                             with a way of sending notices electronically
12                             (for example, to an email address) that is
13                             prescribed by the regulations for the purposes
14                             of this paragraph.
15

16         (2)   After section 121(2) insert:
17

18               (3)    A notice may be sent under subsection (2) to the
19                      number of the person's facsimile machine if, under
20                      subsection (2)(d) as in force immediately before the
21                      commencement of the Transfer of Land Amendment
22                      Act 2018 section 25(1)(b), the person has specified in
23                      writing to the mortgagee or the mortgagee's
24                      transferees, as the case requires, that notices under
25                      subsection (2) may be served on the person by
26                      facsimile transmission.
27




                                                                            page 9
     Transfer of Land Amendment Bill 2018
     Part 2          Transfer of Land Act 1893 amended

     s. 26



1    26.         Section 123 amended
2                In section 123:
3                  (a) delete "discharged; and if the land is the subject of --"
4                        and insert:
5

6                       discharged.
7

8                 (b)   delete paragraphs (a) and (b).

9    27.         Section 125 amended
10               In section 125:
11                 (a) delete "annuity; and if the land is the subject of --" and
12                       insert:
13

14                      annuity.
15

16                (b)   delete paragraphs (a) and (b).

17   28.         Section 126 amended
18         (1)   Delete section 126(1B).
19         (2)   In section 126(2):
20                 (a) delete "mortgage and if the land is the subject of --"
21                       and insert:
22

23                      mortgage.
24

25                (b)   delete paragraphs (a) and (b).

26   29.         Section 127 deleted
27               Delete section 127.




     page 10
                                              Transfer of Land Amendment Bill 2018
                                  Transfer of Land Act 1893 amended         Part 2

                                                                                s. 30



1    30.          Section 133 amended
2                 Delete section 133(10).

3    31.          Section 137 amended
4          (1)    Delete section 137(1D)(b).
5          (2)    After section 137(1D) insert:
6

7                (1E)   If --
8                         (a)    a caveat under this section is lodged before the
9                                day on which the Transfer of Land Amendment
10                               Act 2018 section 31 comes into operation; and
11                       (b)     a number for a facsimile machine in Australia
12                               is specified in the caveat,
13                      that number may be used for the purposes referred to in
14                      subsection (1D).
15


16   32.          Section 171 amended
17                In section 171 delete "and the duplicate (if any)".

18   33.          Section 173 deleted
19                Delete section 173.

20   34.          Section 178 amended
21         (1)    Delete section 178(2) and (3).
22         (2)    In section 178(4) delete the passage that begins with
23                "replacement and" and ends with "free of charge." and insert:
24

25                replacement.
26




                                                                             page 11
     Transfer of Land Amendment Bill 2018
     Part 2          Transfer of Land Act 1893 amended

     s. 35



1          (3)   Delete section 178(5).
2                Note: The heading to amended section 178 is to read:

3                        Certificate of title and relevant graphics may be amended or
4                        replaced on granting application

5    35.         Section 181 amended
6                In section 181(1):
7                  (a) delete paragraph (bd);
8                  (b) in paragraph (bj) delete "means; and" and insert:
9

10                         means and when any notice given under this Act is taken
11                         to have been received; and
12


13   36.         Section 182A amended
14               Delete section 182A(1)(b).

15   37.         Section 182 amended
16               In section 182(1):
17                 (a) delete the passage that begins with "and duplicate" and
18                       ends with "the subject of --" and insert:
19

20                         the date of the order, the time of its production to the
21                         Registrar and the name and address of the person in
22                         whom the order purports to vest the land, estate or
23                         interest.
24

25                 (b)     delete paragraphs (a) and (b).

26   38.         Section 188 amended
27         (1)   In section 188(3) delete "duplicate certificates (in case of paper
28               titles) or".




     page 12
                                               Transfer of Land Amendment Bill 2018
                                   Transfer of Land Act 1893 amended         Part 2

                                                                                s. 39



1          (2)   In section 188(5) delete the passage that begins with "supplied
2                and if " and ends with "section 74B(2)." and insert:
3

4                supplied.
5

6          (3)   Delete section 188(9).

7    39.         Section 196 amended
8                In section 196(1) delete "caveat, by or in consequence of the
9                registration of a new certificate of title in the name of any
10               registered proprietor pursuant to section 75;" and insert:
11

12               caveat;
13


14   40.         Section 214 amended
15               In section 214(3):
16                 (a) delete paragraph (h);
17                 (b) in paragraph (i)(iii) delete "registered;" and insert:
18

19                         registered.
20

21                 (c)     delete paragraph (j).

22   41.         Section 219 amended
23               Delete section 219(3).




                                                                           page 13
     Transfer of Land Amendment Bill 2018
     Part 2          Transfer of Land Act 1893 amended

     s. 42



1    42.         Section 229B amended
2          (1)   In section 229B(1):
3                  (a) delete "title and if the land is subject of --" and insert:
4

5                          title.
6

7                   (b)    delete paragraphs (a) and (b).
8          (2)   Delete section 229B(2).

9    43.         Section 232A deleted
10               Delete section 232A.

11   44.         Section 240 replaced
12               Delete section 240 and insert:
13


14           240.         Service of notices
15               (1)      For the purposes of this Act, service of a notice on a
16                        person --
17                          (a) must be effected in the manner provided for in
18                                this Act or, if the manner of service is not
19                                provided for in this Act, in a manner prescribed
20                                by the regulations; and
21                         (b) may be taken to have been effected for the
22                                purposes of paragraph (a) in the circumstances
23                                prescribed by the regulations.




     page 14
                                          Transfer of Land Amendment Bill 2018
                              Transfer of Land Act 1893 amended         Part 2

                                                                                   s. 45



1            (2)   If the Commissioner or Registrar attempts to serve a
2                  notice under this Act on a person but, for any reason,
3                  the notice is unable to be served, the Commissioner or
4                  Registrar may --
5                    (a) serve a further notice on the person in the
6                          manner determined by the Commissioner or
7                          Registrar; or
8                    (b) proceed without the notice being served.
9


10   45.     Section 240A amended
11           In section 240A(1) in the definition of notification details delete
12           paragraphs (b) and (c) and insert:
13

14                   (b)    a way of receiving notices electronically (for
15                          example, an email address) that is prescribed by
16                          the regulations for the purposes of this
17                          paragraph.
18

19           Note: The heading to amended section 240A is to read:
20                 Notification of change of address or way of receiving notices
21                 electronically

22   46.     Section 243 replaced
23           Delete section 243 and insert:
24


25         243.    Registrar may cancel certificate of title when land
26                 revested in Crown
27                 The Registrar may, on registering a ministerial order
28                 made under the Land Administration Act 1997
29                 section 82, cancel the certificate of title of the land
30                 revested.
31




                                                                            page 15
     Transfer of Land Amendment Bill 2018
     Part 2          Transfer of Land Act 1893 amended

     s. 47



1    47.       Part 16 inserted
2              After section 247 insert:
3


4             Part 16 -- Transitional provisions for Transfer
5                     of Land Amendment Act 2018
6            248.    Transitional provision for duplicate certificates of
7                    title
8              (1)   In this section --
9                    commencement day means the day on which the
10                   Transfer of Land Amendment Act 2018 section 10
11                   comes into operation.
12             (2)   A duplicate certificate of title in effect immediately
13                   before the commencement day has no legal effect on
14                   and after the commencement day.

15           249.    Transitional provision for service of documents
16             (1)   In this section --
17                   commencement day means the day on which the
18                   Transfer of Land Amendment Act 2018 section 44
19                   comes into operation.
20             (2)   Subsection (4) applies if --
21                    (a) before the commencement day a document is
22                          presented for lodgment with the Authority,
23                          whether for the purposes of registration or
24                          otherwise; and
25                    (b) the presentation or lodgment of the document
26                          causes a notice to be served under this Act (the
27                          notice to be served) on or after the
28                          commencement day.




     page 16
                                Transfer of Land Amendment Bill 2018
                    Transfer of Land Act 1893 amended         Part 2

                                                               s. 47



1    (3)   Subsection (4) also applies if --
2           (a) before the commencement day a document has
3                 been lodged with the Authority; and
4           (b) a notice is to be served under this Act (the
5                 notice to be served) on or after the
6                 commencement day in relation to the lodged
7                 document.
8    (4)   The notice to be served may be served under this Act
9          as in force --
10           (a) immediately before the commencement day; or
11           (b) at the time of service.
12




                                                            page 17
     Transfer of Land Amendment Bill 2018
     Part 3          Amendments to other Acts
     Division 1      Criminal Property Confiscation Act 2000 amended
     s. 48



1                    Part 3 -- Amendments to other Acts
2    Division 1 -- Criminal Property Confiscation Act 2000 amended
3    48.          Act amended
4                 This Division amends the Criminal Property Confiscation
5                 Act 2000.

6    49.          Section 113 amended
7          (1)    In section 113(3) delete "certificate of title or any duplicate
8                 instrument for the purposes of entering on the duplicate
9                 certificate or" and insert:
10

11                instrument for the purposes of entering on the
12

13         (2)    In section 113(4):
14                  (a) delete "duplicate certificate of title or" (first
15                        occurrence);
16                  (b) in paragraphs (a) and (b) delete "the duplicate certificate
17                        of title or".
18         (3)    Delete section 113(5).

19               Division 2 -- Escheat (Procedure) Act 1940 amended
20   50.          Act amended
21                This Division amends the Escheat (Procedure) Act 1940.




     page 18
                                         Transfer of Land Amendment Bill 2018
                                      Amendments to other Acts         Part 3
                  Fire and Emergency Services Act 1998 amended    Division 3
                                                                         s. 51



1    51.       Section 10 amended
2              In section 10(2) delete the passage that begins with "transfer
3              and, notwithstanding" and continues to the end of the subsection
4              and insert:
5

6              transfer.
7


8     Division 3 -- Fire and Emergency Services Act 1998 amended
9    52.       Act amended
10             This Division amends the Fire and Emergency Services
11             Act 1998.

12   53.       Section 36ZC amended
13             In section 36ZC(3)(c) delete "a duplicate certificate of title or
14             other document" and insert:
15

16             any document
17


18         Division 4 -- First Home Owner Grant Act 2000 amended
19   54.       Act amended
20             This Division amends the First Home Owner Grant Act 2000.

21   55.       Section 58 amended
22             Delete section 58(3)(c) and insert:
23

24                     (c)   authorising the Registrar to register a transfer to
25                           a purchaser without requiring any document;
26                           and
27




                                                                           page 19
     Transfer of Land Amendment Bill 2018
     Part 3          Amendments to other Acts
     Division 5      Local Government Act 1995 amended
     s. 56



1              Division 5 -- Local Government Act 1995 amended
2    56.        Act amended
3               This Division amends the Local Government Act 1995.
4    57.        Schedule 6.2 amended
5               In Schedule 6.2 delete clause 1(2) and insert:
6

7               (2)   If --
8                        (a)   the lease is of land that is subject to the provisions
9                              of the Transfer of Land Act 1893; and
10                      (b)    the term of the lease exceeds 3 years,
11                    the Registrar of Titles, upon the production of the lease, is to
12                    register it.
13

14   58.        Schedule 6.3 amended
15              Delete Schedule 6.3 clauses 4(3) and 8(2).

16                Division 6 -- Strata Titles Act 1985 amended
17   59.        Act amended
18              This Division amends the Strata Titles Act 1985.
19   60.        Section 30 amended
20              Delete section 30(5) and insert:
21

22              (5)   Where land is transferred by the strata company
23                    pursuant to this section, the Registrar of Titles, after
24                    cancelling the certificates of title relating to the lots,
25                    must create and register in the transferee's name a new
26                    certificate of title for the land transferred.
27




     page 20
                                      Transfer of Land Amendment Bill 2018
                                   Amendments to other Acts         Part 3
                              Strata Titles Act 1985 amended   Division 6
                                                                      s. 61



1   61.   Section 105 amended
2         In section 105(5)(a)(ii) delete "a duplicate or".
3   62.   Schedule 2A amended
4         Delete Schedule 2A clauses 21Z(2), 31E(2) and 31K(2).




                                                                   page 21

 


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