Registration of Deeds Act 1957

This Act is the Registration of Deeds Act 1957.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The registrar-general must keep a register (the general register of deeds) in the form the Minister directs.

Subject to this section, a person may register a deed in the register—

by depositing the deed with the registrar-general; or

by producing the deed to the registrar-general and depositing with the registrar-general a copy of the deed verified as a true copy by the statement of a person who has compared the copy with the original deed of which it purports to be a true copy; or

if the person is unable to produce the deed to the registrar-general by reason of the fact that the deed has been registered by, or filed or deposited with, an officer of a State or Territory under a law of that State or Territory—by depositing with the registrar-general a copy of the deed, being a copy of the deed certified as a true copy by the officer having the custody of the deed, or being a copy of the deed that is, by virtue of the law of the State or Territory under which the deed was so registered, filed or deposited, evidence of the contents of the deed in the State or Territory.

Note 1 A fee may be determined under s 8 (Determination of fees) for this section.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

A deed must not be registered under this Act by being deposited with the registrar-general unless the deed, in the opinion of the registrar-general—

is legibly written; and

is on paper of a size and standard approved by the registrar‑general; and

will, if entered on the register, be, and continue to be, easily readable.

The registrar-general may refuse to accept the deposit, under subsection (1) (b) or (c), of a copy of a deed if, in his or her opinion, the copy—

is not legibly written; or

is not on paper of a size and standard approved by him or her; or

will not, if bound in the register, be, and continue to be, easily readable.

Where, in the copy of a deed, not being a copy which is, by virtue of the law of the State or Territory under which the deed was registered, filed or deposited, evidence of the contents of the deed in the State or Territory, there is an interlineation, alteration or erasure, the copy shall not be deposited with the registrar-general under subsection (1) (b) or (c) unless—

the interlineation or alteration, not being an alteration by erasure, is authenticated by the initials of the person verifying or certifying the copy as a true copy; and

in the case of an erasure—the words or figures appearing, at the time the copy was verified or certified to be a true copy, to be written on the erasure are rewritten and signed or initialled in the margin of the copy by the person verifying or certifying it to be a true copy.

Upon registering a deed in the register, the registrar-general shall endorse on the registration copy of the deed a memorandum of the registration of the deed and of the date and time of registration and—

shall, if the original deed has been produced to him or her but has not been deposited with him or her, endorse such a memorandum on the deed; or

shall, if a copy of the deed has been deposited with him or her under subsection (1) (c) and the person depositing the copy so requests and produces to the registrar-general a further copy of the deed duly verified to be a copy, endorse such a memorandum on the further copy.

All deeds affecting any land, estate or interest in land, or other property, in the Territory which are executed or made in good faith and for valuable consideration and are registered under this Act, shall have priority according to the sequence of their registration only.

Note The Personal Property Securities Act 2009 (Cwlth) (PPS Act) regulates certain interests in personal property. This Act has no effect to the extent it is inconsistent with the PPS Act.

A deed registered under this Act shall not lose any priority to which it would otherwise be entitled by reason only of bad faith in the conveying party if the party beneficially taking under that deed acted in good faith and there was valuable consideration given.

The registration of a deed under this Act shall not be defeated or made ineffectual by reason of any omission, misdescription or error if the identity of the deed is established and the requirements of this Act have been substantially complied with in relation to the registration of that deed.

The registrar-general shall keep an index of deeds registered in, or forming part of, the register.

A person may search in the index kept by the registrar-general under section 5 and examine the registration copy of any deed registered in the register.

The registrar-general shall, upon receipt of an application specifying the particular deed, being a deed registered in the register, of which the person making the application desires to have issued to him or her a certified copy, issue to that person a copy of the registration copy of the deed certified by the registrar-general to be a true copy of the registration copy of the deed.

Note 1 A fee may be determined under s 8 (Determination of fees) for this section.

Note 2 If a form is approved under s 9 (Approved forms) for an application, the form must be used.

The Minister may, in writing, determine fees for this Act.

Note The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

A determination is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

The registrar-general may, in writing, approve forms for this Act.

If the registrar-general approves a form for a particular purpose, the approved form must be used for that purpose.

An approved form is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

Dictionary

(see s 2)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:

• land

• Minister (see s 162)

• person (see s 160)

• registrar-general.

deed includes any instrument or document, whether under seal or not, other than—

a will; or

an instrument (not being a lease, or a sublease, for a term of years not exceeding 3 years) that is in accordance with the provisions of the Land Titles Act 1925 and purports to transfer or otherwise deal with or affect an estate or interest in land under the provisions of that Act; or

a document that evidences, or purports to evidence, a change of the name of a person.

the register means the general register of deeds.

registration copy means—

in relation to a deed that is deposited with the registrar-general upon the registration of the deed under this Act—the deed; and

in relation to any other deed—the copy of the deed deposited with the registrar-general upon the registration of the deed under this Act.