• PART 20 PART 20 MISCELLANEOUS

    • 139. Words and expressions used in instruments

      (1) Words and expressions used in instruments registered under these Regulations have the same meanings as they have in these Regulations.
      (2) The application of subsection (1) to an instrument may be displaced, wholly or partly, by a contrary intention appearing in the instrument.

    • 140. Reference to instrument is reference to instrument completed in approved form

      In these Regulations, a reference to a particular type of instrument for which there is an approved form is a reference to the instrument completed in the approved form.

    • 141. Service of notices

      (1) A notice or document may be served on, or given to, a person by delivering it to —
      (a) the person's address for service;
      (b) in the case of an individual, the person's place of residence; or
      (c) in the case of a corporation, the corporation's registered office or principal place of business.
      (2) A person's address shown in any instrument by which the person became the registered owner, or the address for service stated in any caveat lodged by the person, may be treated as the person's address for service.
      (3) A notice or document may also be served on, or given to, a person by means of facsimile or other electronic transmission, if the same is permitted by the terms of the instrument by which the person became the registered owner.
      (4) This section does not limit the way in which notices may be served in court proceedings.

    • 142. Deemed receipt in certain cases

      (1) Unless a contrary intention appears in the document, where a notice or document is served or given in accordance with section 141, on a day that is not a business day, or after 5pm on any day, then it is to be treated as being served or given on the next business day.
      (2) This section does not apply to notices to be served in court proceedings.

    • 143. Rules

      (1) The Board may make rules relating to the requirements to be followed in relation to these Regulations.
      (2) In making the rules, the Board shall have regard to —
      (a) the purpose of these Regulations; and
      (b) the principle that a registered interest is not to be adversely affected except with the registered owner's consent.
      (3) Without limiting subsection (1), the rules made under this section may provide for —
      (a) the form and content of and the requirements for instruments, documents and plans;
      (b) the number of copies of instruments, documents and plans to be lodged;
      (c) the need for lodging consents, certificates and other documents;
      (d) the execution of instruments (including in electronic form);
      (e) the practice of carrying forward registered interests onto new folios;
      (f) the amount of fees and charges;
      (g) the time and method of paying fees and charges; and
      (h) the circumstances in which, and the methods by which, the Registrar publishes, or requires others to publish, notifications of actions the Registrar intends to take.
      (4) The Board's rules shall be complied with unless the Board or the Registrar dispenses with compliance.
      (5) The Registrar may prepare a schedule of fees and charges to reflect rules as to fees and charges passed by the Board as described in section 132, which schedule may be amended or modified by the Registrar from time to time with the prior approval of the Board.

    • 144. Conveyances to be by deed

      (1) All Conveyances of interests in real property are void for the purpose of Conveying or creating a legal estate unless made by instrument in approved form, subject to section 27.
      (2) This section does not apply to —
      (a) Surrenders by operation of law, including surrenders which may, by law, be effected without writing;
      (b) Vesting orders of the court or other competent authority; and
      (c) Conveyances taking effect by operation of law.