Real Property Act 1886

The

Without limiting the generality of subsection (1), the regulations may—

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

prescribe, and provide for the payment, recovery, waiver, reduction or refund of, fees and charges payable for or in respect of the following:

the doing of an act or thing under this Act or the Electronic

doing an act or thing in respect of the Register Book or the Register of

searching—

the

a document deposited or registered in the Lands Titles Registration

obtaining copies of material searched for under subparagraph (iii);

charges recoverable by solicitors and registered conveyancers for transacting business under the provisions of this Act;

the provision of lodgement support services by the Registrar‑General.

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.

An unpaid fee or charge for registering a transfer of land is, until payment, a first charge in respect of the land.

A regulation prescribing fees or charges for registering a transfer of land may also provide that the Registrar‑General may—

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

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.

Regulations under this Act—

may be of general application or limited application; and

may make different provision according to the matters or circumstances to which they are expressed to apply; and

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.

The

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.

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—

decreasing the person's rights; or

imposing liabilities on the person.

Without limiting the operation of subsections (6), (7) or (8), the regulations may, for transitional purposes—

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

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.