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1995
THE LAND TRANSFER REGULATIONS 1966, AMENDMENT NO. 11 021
Commenced: 1-APR-1995

3 Form of documents

(Regulation)



   3. Form of documents---The principal regulations are hereby amended by
 revoking regulation 6, and substituting the following regulations:

   ``5A. Paper---(1) Except as provided in subclause (2) of this
 regulation, no application or instrument shall be received or registered
 unless it is on paper that is---
   ``(a) Cream or white laid or goatskin; and
   ``(b) Free from discoloration and blemishes; and
   ``(c) Approved by the Registrar-General for the purpose; and
   ``(d) In the case of a single-page document, international size A4
          paper of a density of not less than 100 g/m[sup2]; and
   ``(e) In the case of a document that is not a single-page document,
          either---
            ``(i) Pages of international size A4; or
            ``(ii) One or more pages of international size A3, each
          folded in half crosswise,---
          of a density of not less than 80 g/m[sup2] (if 2 or more,
          securely bound together in a manner approved by the
          Registrar-General).

   ``(2) An application or instrument may (if otherwise in order) be
 received or registered if---
   ``(a) A form is prescribed for it by the Act and set out in the Second
          Schedule to the Act; and
   ``(b) It is written upon a printed form---
            ``(i) Supplied by the Registrar-General or the Registrar; or
            ``(ii) Approved by the Registrar-General or the Registrar,
          and printed, before the commencement of the Land Transfer
          Regulations 1966, Amendment No. 11; and
   ``(c) Inset sheets used with the form are of good quality, and the
          same size as the form; and
   ``(d) In the case of an application or instrument written upon a
          printed form approved by the Registrar-General or the
          Registrar, the paper upon which it is written is of the best
          quality, and of a size approved by the Registrar-General or the
          Registrar.

   ``5B. Printed forms---(1) Except as provided in subclause (2) of this
 regulation, no application or instrument that has been created by the
 completion and execution of a printed form shall be received or
 registered unless---
   ``(a) Every page of the form has, at the top, bottom, and both sides,
          a margin, at least 10 mm wide that is free (except for any
          initialling or signing of corrections in accordance with
          paragraph (b) or paragraph (c) of regulation 12 (2) of these
          regulations) from all printing and writing; and---
   ``(b) The form is clearly and permanently printed in a manner that
          enables its reproduction by all common reprographic means.

   ``(2) An application or instrument may (if otherwise in order) be
 received or registered if---
   ``(a) A form is prescribed for it by the Act and set out in the Second
          Schedule to the Act; and
   ``(b) It is written upon a printed form---
            ``(i) Supplied by the Registrar-General or the Registrar; or
            ``(ii) Approved by the Registrar-General or the Registrar,
          and printed, before the commencement of the Land Transfer
          Regulations 1966, Amendment No. 11; and
   ``(c) The margin of the form is free (except for any initialling or
          signing of corrections in accordance with paragraph (b) or
          paragraph (c) of regulation 12 (2) of these regulations) of all
          writing.

   ``5C. Annexure schedules---(1) Where,---
   ``(a) An application or instrument has been created by the completion
          and execution of a printed form that requires certain matters
          to be contained in or attached to an additional sheet of paper;
          or
   ``(b) A panel or space on an application or instrument that has been
          created by the completion and execution of a printed form is
          too small for all the matters intended to be written in it,---

 the application or instrument shall not be received or registered unless
 those matters are contained in an annexure schedule in form A in the
 Third Schedule to these regulations, completed in accordance with
 subclauses (2) to (4) of this regulation.

   ``(2) Where more than 2 or more annexure schedules are used they shall
 be consecutively numbered.

   ``(3) An annexure schedule that---
   ``(a) Extends any matter contained in a panel or space on the
          application or instrument to which it is annexed; or
   ``(b) Creates or provides for any condition, covenant, restriction, or
          other provision or matter,---

 shall be initialled or signed by each signatory, and by either that
 signatory's witnesses (if any) or a solicitor acting on the signatory's
 behalf.

   ``(4) Subject to subclause (3) of this regulation, every annexure
 schedule shall be completed in a manner approved by the Registrar
 concerned.

   ``5D. Certain non-conforming documents acceptable---(1) In subclause
 (2) of this regulation, `old instrument' means an instrument executed
 before the 1st day of April 1995.

   ``(2) Notwithstanding regulations 5A to 5C of these regulations,---
   ``(a) Any old instrument may (if otherwise in order) be received and
          registered if it is in a form that was acceptable at the time
          it was executed; and
   ``(b) Any instrument that is a discharge of, or other dealing with, an
          old instrument may (if otherwise in order) be received and
          registered if---
            ``(i) It is engrossed on or annexed to the old instrument;
          and
            ``(ii) The old instrument has been registered or is
          registrable.

   ``6. Printing of forms---(1) Subject to subclause (2) of this
 regulation, the Registrar-General may, on any terms the
 Registrar-General thinks fit,---
   ``(a) License persons to print and sell to the public; or
   ``(b) License law practitioners, land brokers, departments of State,
          and other persons or bodies approved by the Registrar-General
          for the purpose, to print and use for their own purposes,---

 forms intended to be completed, executed, and lodged with Registrars or
 the Registrar-General.

   ``(2) The Registrar-General shall not license any person under
 subclause (1) of this regulation unless---
   ``(a) The person has sent the Registrar-General 2 copies of the
          proposed form; and
   ``(b) The Registrar-General has approved the form for the purposes of
          section 237 of the Act, noted the approval on 1 of the copies,
          and returned it to the person.

   ``6A. Form of memoranda setting forth provisions intended for
 inclusion in instruments, and instruments used with such
 memoranda---There are hereby prescribed for the purposes of section 155A
 of the Act---
   ``(a) For memoranda (within the meaning of subsection (1) of that
          section), form B set out in the Third Schedule to these
          regulations:
   ``(b) For mortgages intended to be used in conjunction with such
          memoranda, form C set out in that schedule:
   ``(c) For leases intended to be used in conjunction with such
          memoranda, form D set out in that schedule.''

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