Electronic Conveyancing National Law (Queensland) Act 2013

An Act to adopt in Queensland a national law relating to electronic conveyancing

Long title amd 2013 No. 17 s 12

1Short title

This Act may be cited as the Electronic Conveyancing National Law (Queensland) Act 2013.

2Commencement

(1)This Act, other than sections 38 and 39, commences on a day or days to be fixed by proclamation.

(2)Different days may be appointed under subsection (1) for the commencement of different provisions of the Electronic Conveyancing National Law set out in the appendix to the Electronic Conveyancing (Adoption of National Law) Act 2012 of New South Wales.

(3)The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

3Definitions

(1)For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Electronic Conveyancing National Law (Queensland).

(2)In the local application provisions of this Act—

Electronic Conveyancing National Law (Queensland) means the provisions applying in this jurisdiction because of section 4.

(3)Terms used in the local application provisions of this Act and also in the Electronic Conveyancing National Law set out in the appendix to the Electronic Conveyancing (Adoption of National Law) Act 2012 of New South Wales have the same meanings in this Act as they have in that Law.

4Application of Electronic Conveyancing National Law

The Electronic Conveyancing National Law, as in force from time to time, set out in the appendix to the Electronic Conveyancing (Adoption of National Law) Act 2012 of New South Wales—

(a)applies as a law of this jurisdiction; and

(b)as so applying may be referred to as the Electronic Conveyancing National Law (Queensland); and

(c)so applies as if it were part of this Act.

5Minister must table amendments of Electronic Conveyancing National Law

(1)This section applies if the Electronic Conveyancing National Law set out in the appendix to the Electronic Conveyancing (Adoption of National Law) Act 2012 of New South Wales is amended.

(2)The Minister must table a copy of the amendment in the Legislative Assembly.

(3)Failure to comply with subsection (2) does not affect the application of the amendment under section 4.

6Meaning of generic terms in Electronic Conveyancing National Law for the purposes of this jurisdiction

In the Electronic Conveyancing National Law (Queensland)—

land titles legislation means any of the following—

(a)the Body Corporate and Community Management Act 1997;

(b)the Building Units and Group Titles Act 1980;

(c)the Integrated Resort Development Act 1987;

(d)the Land Act 1994;

(e)the Land Title Act 1994;

(f)the Mixed Use Development Act 1993;

(g)the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980;

(h)the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984;

(i)the Sanctuary Cove Resort Act 1985;

(j)the South Bank Corporation Act 1989;

(k)the Water Act 2000;

(l)any other Act prescribed under a regulation for this definition;

(m)a regulation made under an Act mentioned in any of paragraphs (a) to (k) or prescribed under paragraph (l);

(n)any other law of this jurisdiction that authorises or requires something to be deposited, registered, noted or recorded in a titles register.

Registrar means—

(a)for approving the form of a document under section 7 of the Electronic Conveyancing National Law (Queensland), or receiving or processing a document under section 8 of the Law—

(i)for the purposes of a function under the Land Act 1994—the registrar of titles under the Land Title Act 1994; or

(ii)for the purposes of the Water Act 2000, chapter 2, part 3, division 4, subdivision 4—the registrar under that Act; or

(b)otherwise—the registrar of titles under the Land Title Act 1994.

s 6 def Registrar amd 2021 No. 12 s 148 sch 3

registry instrument means any document that may be lodged under the land titles legislation for—

(a)creating, transferring, disposing of, mortgaging, charging, leasing or dealing with in any other way an estate or interest in land or a water allocation; or

(b)getting something registered, noted or recorded in the titles register; or

(c)getting the registration, note or record of something in the titles register changed, withdrawn or removed.

this jurisdiction means Queensland.

titles register means—

(a)any of the registers kept under—

(i)the Land Title Act 1994, section 7; or

(ii)the Land Act 1994, section 276; or

(b)the water allocations register kept under the Water Act 2000, section 168; or

(c)any other register prescribed under a regulation for this definition.

s 6 def titles register amd 2021 No. 12 s 148 sch 3

7Responsible tribunal for Electronic Conveyancing National Law (Queensland)

QCAT is the responsible tribunal for this jurisdiction for the purposes of the Electronic Conveyancing National Law (Queensland).

8Exclusion of interpretation legislation of this jurisdiction

The Acts Interpretation Act 1954 does not apply to the Electronic Conveyancing National Law (Queensland) or to instruments made under that Law.

9Review of decision by QCAT as responsible tribunal

A reference in the Electronic Conveyancing National Law (Queensland) to an appeal against a decision is, for an appeal to QCAT as the responsible tribunal, a reference to a review of the decision as provided under the QCAT Act.

10Regulation-making power

The Governor in Council may make regulations under this Act.