Registration of Deeds Act 1856

Registration of Deeds Regulations 2004

Reprint 1: The regulations as at 4 December 2008

 


Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

removed (because it was repealed or deleted from the law); or

omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

Reprinted under the Reprints Act 1984 as

at 4 December 2008

Registration of Deeds Regulations 2004

CONTENTS

1.Citation1

2.Commencement1

3.Terms used1

4.Documents1

5.Fees2

Schedule 1 — Fees to be charged by the Registrar

Division 1 — Registrations

Division 2 — Reproduction of documents

Division 3 — Miscellaneous

Division 4 — Posting

Notes

Compilation table5

Defined Terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 4 December 2008

Registration of Deeds Act 1856

Registration of Deeds Regulations 2004

1.Citation

These regulations may be cited as the Registration of Deeds Regulations 2004 1.

2.Commencement

These regulations come into operation on 6 September 2004.

3. Terms used

In these regulations, unless the context requires otherwise — 

memorial means any judgment, deed, will, conveyance or instrument presented for registration;

Registrar means the Registrar of Deeds and Transfers.

4.Documents

(1)Every memorial presented for registration is to — 

(a)be prepared on good quality paper approved by the Registrar and having the dimensions of 210 mm by 297 mm;

(b)be clearly and legibly handwritten in ink, printed or typewritten;

(c)have a binding margin on each page of 51 mm free of written, printed or typewritten matter with the binding margin on the left hand side of the face sheet and on a corresponding side for all subsequent sheets;

(d)have all writing, printing, type or other matter appearing on the memorial of sufficient strength to bear photographic reproduction.

(2)The Registrar may reject for registration a memorial which does not comply with this regulation.

[Regulation 4 amended in Gazette 7 Jul 2006 p. 2512.]

5.Fees

The fees to be charged by the Registrar are set out in Schedule 1.

[6.Omitted under the Reprints Act 1984 s. 7(4)(f).]

Schedule 1Fees to be charged by the Registrar

[r. 5]

Division 1 — Registrations

1.

For registering, recording, enrolling or receiving on deposit, any memorial, enrolment or instrument ............


$88

2.

For cancelling or amending a registration by order of the Court .........................................................................


$88

[Division 1 amended in Gazette 24 Jun 2005 p. 2761; 7 Jul 2006 p. 2512; 25 Jun 2007 p. 2966‑7; 20 Jun 2008 p. 2708.]

Division 2 — Reproduction of documents

1.

For a photocopy supplied of a memorial or other document not specifically provided for ..........................


$15.00

[Division 2 amended in Gazette 7 Jul 2006 p. 2512; 25 Jun 2007 p. 2967; 20 Jun 2008 p. 2708.]

Division 3 — Miscellaneous

1.

For a certification by the Registrar .................................

$60

2.

Withdrawal of a memorial under the Land Tax Assessment Act 1976 section 46 or the Taxation Administration Act 2003 Part 6 Division 2 .....................



$88

3.

For any service not mentioned in this Schedule .............

fee, if any, as assessed by the Registrar, not exceeding actual cost

[Division 3 amended in Gazette 24 Jun 2005 p. 2761; 7 Jul 2006 p. 2512; 25 Jun 2007 p. 2967; 20 Jun 2008 p. 2709.]

Division 4 — Posting

 

For arranging the postal delivery of any material for which a fee is payable under this Schedule —

 

 

(a)if the material is sent within Australia and is not greater than 50 gms .................................................


$9

 

(b)if the material is sent outside Australia or is greater than 50 gms .............................................................


$9 plus any additional costs incurred, as assessed by the Registrar

dline

 

Notes

1This reprint is a compilation as at 4 December 2008 of the Registration of Deeds Regulations 2004 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Registration of Deeds Regulations 2004

2 Sep 2004 p. 3822‑3

6 Sep 2004 (see r. 2)

Registration of Deeds Amendment Regulations 2005

24 Jun 2005 p. 2760‑1

4 Jul 2005 (see r. 2)

Registration of Deeds Amendment Regulations 2006

7 Jul 2006 p. 2511‑12

10 Jul 2006 (see r. 2)

Registration of Deeds Amendment Regulations 2007

25 Jun 2007 p. 2966‑7

r. 1 and 2: 25 Jun 2007 (see r. 2(a));
Regulations other than r. 1 and 2: 2 Jul 2007 (see r. 2(b))

Registration of Deeds Amendment Regulations 2008

20 Jun 2008 p. 2708‑9

r. 1 and 2: 20 Jun 2008 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b))

Reprint 1: The Registration of Deeds Regulations 2004 as at 5 Dec 2008 (includes amendments listed above)

 

 

 

Defined Terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

memorial3

Registrar3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer