236 Regulations

(1)

The Governor-General may, by Order in Council, make regulations—

(a)

regulating the practice and conduct of business under this Act:

(b)

prescribing periods of time for the purposes of giving notices and other matters under this Act:

(c)

prescribing the manner in which instruments must refer to the register:

(d)

specifying the classes of instruments that are capable of being electronic instruments:

(e)

specifying procedures by which mortgagees of electronic transactions land may—

(i)

prevent electronic instruments affecting electronic transactions land over which they hold a mortgage from being registered without their consent:

(ii)

be notified of the registration of electronic instruments:

(f)

prescribing the form of any memorandum to be registered under section 155A and of any instrument intended for use in conjunction with a memorandum under that section:

(g)

specifying different classes of easements, and the rights and powers to be implied in them, for the purposes of section 90D:

(h)

specifying, for the purposes of section 99B, instruments under this Act that are available for adoption (with or without modification) by any other enactment:

(ha)

for the purposes of sections 156A and 156B (and where the conditions in subsection (4) of this section are satisfied),—

(i)

specifying transfers of specified estates in land that are exempt from the requirements of section 156B, including by reference to the nature of the transferor, transferee, transaction, type of estate in land, class of estate in land, or otherwise:

(ii)

specifying transfers of specified estates in land that are non-notifiable transfers (which may be non-notifiable in relation to the transferee, the transferor, or both), including by reference to the nature of the transferor, transferee, transaction, type of estate in land, class of estate in land, or otherwise:

(hb)

declaring estates in land that are specified estates in land for the purposes of section 156A:

(i)

prescribing the manner in which paper instruments must be executed, witnessed, or attested for the purposes of section 157:

(j)

specifying classes of paper instrument that may be certified under section 164A(2)(b):

(k)

specifying the parties for the purpose of section 164A(3)(a) (which relates to a certifier’s authority to act):

(l)

prescribing time periods for which evidence must be held under section 164A(3)(d):

(m)

prescribing the form of certifications under section 164A:

(n)

specifying the parties for the purpose of section 164E(1) (which provides that a certified instrument has effect as a deed executed by those parties):

(o)

prescribing the physical properties of paper instruments:

(p)

prescribing forms of paper instruments for the purpose of section 238(1):

(q)

prescribing forms for notices and consents under this Act:

(r)

providing for any other matters contemplated by this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, necessary for their administration, or necessary for giving them full effect.

(2)

Without limiting subsection (1)(d), regulations made under that provision may—

(a)

express a specification in terms of how an instrument is associated with other instruments when presented for registration:

(b)

specify classes of instrument by reference to—

(i)

how instruments are dealt with:

(ii)

how shares and interests are dealt with:

(iii)

whether all the interests comprised and described in a certificate of title are affected by the instrument:

(iv)

the enactment that provides for an instrument:

(v)

the purpose for which an interest is held.

(3)

In subsection (2)(b), interest includes land, estates, rights, covenants, and conditions.

(4)

Regulations may be made under subsection (1)(ha) only on the recommendation of the Minister for Land Information, if the Minister is satisfied that—

(a)

requiring persons to comply with the requirements of section 156B in the case of the transfers proposed to be specified as exempt or non-notifiable would be impractical or involve high compliance costs; or

(b)

there is a low risk of tax avoidance in relation to the transfers proposed to be specified as exempt or non-notifiable.

Section 236: replaced, on 17 May 2002, by section 61 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Section 236(1)(ha): inserted, on 1 October 2015, by section 7(1) of the Land Transfer Amendment Act 2015 (2015 No 82).

Section 236(1)(hb): inserted, on 1 October 2015, by section 7(1) of the Land Transfer Amendment Act 2015 (2015 No 82).

Section 236(4): inserted, on 1 October 2015, by section 7(2) of the Land Transfer Amendment Act 2015 (2015 No 82).