Table Of Contents

Real Property Amendment (Torrens Assurance Levy Repeal) Act 2011 No 7

An Act to amend the Real Property Act 1900 and the Real Property Regulation 2008 to abolish the Torrens assurance levy.
2   Commencement
This Act commences or is taken to have commenced on 1 July 2011.
Schedule 1 Amendment of Real Property Act 1900 No 25
[1]   Section 3 Definitions
Omit the definition of Torrens assurance levy from section 3 (1) (a).
[2]   Section 134 Torrens Assurance Fund
Omit section 134 (2) (a). Insert instead:
  
(a)  any amounts that the Minister directs to be paid from fees paid to the Registrar-General for lodgment of any dealing, caveat or withdrawal of caveat,
[3]   Section 134 (2A)
Omit the subsection.
[4]   Section 134 (4)
Insert after section 134 (3):
  
(4)  The fee payable to the Registrar-General for lodgment of any dealing, caveat or withdrawal of caveat may be prescribed so as to include the amount to be paid into the Torrens Assurance Fund.
[5]   Section 134A Torrens assurance levy
Omit the section.
[6]   Section 144 Regulations
Omit section 144 (1) (b).
[7]   Section 144 (1) (c)
Omit “, expenses or levies”. Insert instead “or expenses”.
[8]   Section 144A Payment and recovery of fees or levies
Omit the section.
[9]   Schedule 3 Savings and transitional provisions
Insert at the end of clause 1 (1):
  
Real Property Amendment (Torrens Assurance Levy Repeal) Act 2011
[10]   Schedule 3, Part 10
Insert after Part 9:
  
Part 10 Real Property Amendment (Torrens Assurance Levy Repeal) Act 2011
25   Definitions
In this Part:
amending Act means the Real Property Amendment (Torrens Assurance Levy Repeal) Act 2011.
Torrens assurance levy means a levy paid under:
(a)  section 134A of this Act (as in force before its repeal by the amending Act), or
(b)  clause 26 of this Schedule.
26   Torrens assurance levy
Despite the repeal of clauses 12A and 18A and Part 2 of Schedule 1 to the Real Property Regulation 2008 by Schedule 2 to the amending Act, a levy is payable as if those provisions had not been repealed in respect of any dealing that is:
(a)  a transfer executed to give effect to a contract for the sale of land entered into on or after 1 July 2010 but before 1 July 2011, and
(b)  lodged with the Registrar-General on or after 1 July 2011.
27   Torrens Assurance Fund
(1)  The Minister (after consultation with the Treasurer) may direct that all or a proportion of amounts that have been paid to the Registrar-General as Torrens assurance levies are to be paid into the Torrens Assurance Fund.
(2)  The Minister may make such a direction at any time after the levies are paid into the Consolidated Fund, in which case the amounts are to be paid into the Torrens Assurance Fund without further appropriation.
Schedule 2 Amendment of Real Property Regulation 2008
[1]   Clause 4 Lodgment of dealings and caveats
Omit clause 4 (b) and (c). Insert instead:
  
(b)  be accompanied by the relevant fee set out in Schedule 1.
[2]   Clauses 10 (4), 11 (c) and 12 (1)
Omit “Part 1 of” wherever occurring.
[3]   Clause 12A Torrens assurance levy
Omit the clause.
[4]   Clause 18A Transitional—introduction of ad valorem Torrens assurance levy
Omit the clause.
[5]   Schedule 1, heading
Omit “and levies”.
[6]   Schedule 1, clause reference
Omit “, 12 and 12A”. Insert instead “and 12”.
[7]   Schedule 1, Part 1, heading
Omit the heading.
[8]   Schedule 1, items 8–13
Omit the items. Insert instead:
  
8
On lodgment of an application under section 45D of the Act by a person in possession of land to be recorded as proprietor of an estate or interest in that land
97.00
 
In addition, for each quarter-hour or part of a quarter-hour occupied in examining the application
50.00
9
On lodgment of a transfer by way of discharge of mortgage where a mortgagee has been recorded as registered proprietor pursuant to section 12B of the Act
97.00
10
On lodgment of a dealing for registration or recording of a unilateral severance of a joint tenancy pursuant to section 97 of the Act
97.00
11
On lodgment of a dealing to transfer an estate in land that changes the tenancy of co-tenants without altering their shares
97.00
12
On lodgment of a dealing to transfer the ownership of an estate in land pursuant to section 46 of the Act
194.00
13
On lodgment of an application, request or dealing for which no fee is otherwise provided
97.00
[9]   Schedule 1, items 15–20
Omit the items. Insert instead:
  
15
On lodgment of an application to dispose of Crown land arising from the closing of a public road under the Roads Act 1993, regardless of how many recordings will ensue
194.00
16
On lodgment of an application or request for amendment of a folio of the Register, Crown grant or certificate of title
97.00
17
On lodgment of an application to record in the Register an appurtenant easement created by a deed
97.00
 
In addition, for each quarter-hour or part of a quarter-hour occupied in processing the application
50.00
18
On lodgment of an application under section 81A of the Act for the extinguishment of a restrictive covenant
97.00
 
In addition:
 
 
(a)  for each quarter-hour or part of a quarter-hour occupied in examining the application
50.00
 
(b)  for the Registrar-General’s costs of giving notice under section 81D of the Act by way of registered post
Such reasonable fee (determined by the Registrar- General) as is warranted by the cost incurred in posting the notice
19
On lodgment of an application under section 49 of the Act for the cancellation of an easement that has been abandoned or extinguished
97.00
 
In addition, for each quarter-hour or part of a quarter-hour occupied in examining the application
50.00
20
On lodgment of an application for the determination under Part 14A of the Act of the position of the common boundary of adjoining lands
97.00
[10]   Schedule 1, items 24–29
Omit the items. Insert instead:
  
24
On lodgment or recording of a caveat
97.00
25
On withdrawal or partial withdrawal of a caveat pursuant to section 74M (1) of the Act
97.00
26
On lodgment of a request for withdrawal or partial withdrawal of a Registrar-General’s caveat (no fee is payable for withdrawal or partial withdrawal of a Registrar-General’s caveat consequent on lodgment and registration of a dealing)
97.00
27
On lodgment of a request for the Registrar-General to direct the manner of service of a notice on a caveator pursuant to section 74N (1) (e) of the Act
97.00
28
On lodgment of an application for preparation of a notice for service on a caveator pursuant to section 74C (3), 74I (1) or (2), 74J (1) or 74JA (2) of the Act
97.00
29
On lodgment of a notice of a change of name of a caveator or of the address for service of a notice on a caveator
97.00
[11]   Schedule 1, item 34
Omit the item. Insert instead:
  
34
On lodgment of an application for a new certificate of title under section 111 of the Act
194.00
[12]   Schedule 1, item 35
Omit the item. Insert instead:
  
35
On depositing an instrument declaratory of trusts
97.00
[13]   Schedule 1, item 36
Omit the item. Insert instead:
  
36
On lodgment of an application for a statement of reasons under section 121 of the Act
97.00
[14]   Schedule 1, Part 2
Omit the Part.