1Short title
This Act may be cited as the Electronic Conveyancing (National
Uniform Legislation) Act 2013.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Electronic Conveyancing (National
Uniform Legislation) Act 2013.
This Act commences on the day fixed by the Administrator by Gazette notice.
(1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Electronic Conveyancing National Law set out in the Appendix to this Act.
In the local application provisions of this Act:
Electronic Conveyancing National Law (NT) means the provisions applying in this jurisdiction because of section 5.
(3) Terms used in the local application provisions of this Act and also in the Electronic Conveyancing National Law set out in the Appendix to this Act have the same meanings in those provisions as they have in that Law.
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 4
Part IIAA of the Criminal
Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
Part 2 Adoption of National
Law
Division 1 Provisions for adoption of National Law
The Electronic Conveyancing National Law set out in the Appendix to this Act:
applies as a law of this jurisdiction; and
(b) as so applying may be referred to as the Electronic Conveyancing National Law (NT); and
as so applying, is a part of this Act.
(1) The Administrator may, by regulation, amend the Electronic Conveyancing National Law set out in the Appendix to this Act to give effect in this jurisdiction to any nationally approved amendment.
In this section:
amend includes insert, omit and repeal a provision.
nationally approved amendment means an amendment of the Electronic Conveyancing National Law set out in the Appendix to the Electronic Conveyancing (Adoption of National Law) Act 2012 (NSW) that is of a kind that has been approved in accordance with the Intergovernmental Agreement.
Even though the Interpretation Act 1978 applies to the local application provisions of this Act, it does not apply to the
Electronic Conveyancing National Law (NT) or to instruments made under that Law other than as prescribed by regulation for this subsection.
An Act prescribed by regulation does not apply to the Electronic
Conveyancing National Law (NT) or to instruments made under that Law.
Division 2 Provisions for interpretation of National Law as adopted
In the Electronic Conveyancing National Law (NT):
land titles legislation means:
the following Acts:
the Land Title Act 2000;
the Law of Property Act 2000;
the Real Property (Unit Titles) Act 1975;
the Unit Title Schemes Act 2009;
the Unit Titles Act 1975;
any other Act prescribed by regulation for this definition; and
any regulations made under any of those Acts; and
(c) any other law of this jurisdiction that authorises or requires something to be registered, noted or recorded in the titles register.
Registrar means the Registrar-General.
registry instrument means any document that may be lodged under the land titles legislation for the purposes of:
(a) creating, transferring, disposing of, mortgaging, charging, leasing or dealing with in any other way an estate or interest in land; or
(b) getting something registered, noted or recorded in the titles register; or
(c) getting the registration, note or record of something in the titles register changed, withdrawn or removed.
responsible tribunal means NTCAT.
this jurisdiction means the Territory.
titles register means the land register kept under section 6 of the Land Title Act 2000 and any other register prescribed by regulation.
Part 3 Miscellaneous matters
A person commits an offence if:
(a) the person gives information or an answer to the Registrar‑General under the Electronic Conveyancing National Law (NT) or an instrument under the Law; and
the person knows the information or answer is misleading.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
A person commits an offence if:
(a) the person gives a document to the Registrar‑General under the Electronic Conveyancing National Law (NT) or an instrument under the Law; and
the person knows the document contains misleading information.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(3) Subsection (2) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the Registrar‑General's attention; and
(b) to the extent to which the person can reasonably do so – gives the Registrar‑General the information necessary to remedy the misleading aspect of the document.
In this section:
misleading information means information that is misleading in a material particular or because of the omission of a material particular.
If the operation of the Electronic Conveyancing National Law (NT)
would, apart from this section, result in an acquisition of property from a person otherwise than on just terms:
the person is entitled to receive from the Territory the compensation necessary to ensure the acquisition is on just terms;
and
a court of competent jurisdiction may decide the amount of compensation or make the orders it considers necessary to ensure the acquisition is on just terms.
The Administrator may make regulations under this Act.
Appendix Electronic
Conveyancing National Law
section 3
Part 1 Preliminary
This Law may be cited as the Electronic Conveyancing National Law
.
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