Land Transfer Act 1952 No 52 (as at 01 January 2011), Public Act

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:

    • (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:

    (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.

    The original subsection (1)(d) was inserted, as from 6 November 1986, by section 4 Land Transfer Amendment Act 1986 (1986 No 94).

    The original subsection (1)(e) was inserted, as from 1 February 1999, by section 40 Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

    The original subsection (2) was repealed, as from 19 December 1989, by section 11 Regulation (Disallowance) Act 1989 (1989 No 143).

    Section 236 was substituted, as from 17 May 2002, by section 61 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).