Australian Capital Territory
Registration of Deeds Act 1957     No 13
Republication No 4
Effective:  9 September 2003 - 11 April 2007
Republication date: 9 September 2003
Last amendment made by A2003-39

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Registration of Deeds Act 1957 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 9 September 2003.  It also includes any amendment, repeal or expiry affecting the republished law to 9 September 2003.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Registration of Deeds Act 1957

Contents
	Page

	1	Short title	2
	2	Definitions for Act	2
	3	General register of deeds	2
	4	Registration of deeds	3
	4A	Priority according to registration	5
	4B	Mistakes in registration	5
	5	Index	6
	6	Searches	6
	7	Certified copies	6
	8	Determination of fees	6
	9	Approved forms	7

Endnotes
	1	About the endnotes	8
	2	Abbreviation key	8
	3	Legislation history	9
	4	Amendment history	11
	5	Earlier republications	12

Australian Capital Territory
Registration of Deeds Act 1957

An Act providing for the registration of deeds and other documents

    

1	Short title
This Act may be cited as the Registration of Deeds Act 1957.
2	Definitions for Act
In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
deed includes any instrument or document, whether under seal or not, other than—
	(a)	a will; or
	(b)	an instrument (not being a lease, or a sublease, for a term of years not exceeding 3 years) that is in accordance with the provisions  of the Land Titles Act 1925 and purports to transfer or otherwise deal with or affect an estate or interest in land under the provisions of that Act; or
	(c)	a document that evidences, or purports to evidence, a change of the name of a person.
the register means the general register of deeds.
registration copy means—
	(a)	in relation to a deed that is deposited with the registrar-general upon the registration of the deed under this Act—the deed; and
	(b)	in relation to any other deed—the copy of the deed deposited with the registrar-general upon the registration of the deed under this Act.
3	General register of deeds
	(1)	The registrar-general shall keep a register, to be called the general register of deeds, in such form as the Minister directs.
	(2)	The register of powers of attorney established by the Powers of Attorney Act 1956 shall be incorporated with and form part of the register.
	(3)	A power of attorney that, immediately before the commencement of this Act, was, by virtue of the Powers of Attorney Act 1956, section 10, deemed to be registered under that Act shall be deemed to be registered under this Act.
4	Registration of deeds
	(1)	Subject to this section, a person may register a deed in the register, whether the deed was executed before, or is executed after, the commencement of this Act—
	(a)	by depositing the deed with the registrar-general;
	(b)	by producing the deed to the registrar-general and depositing with the registrar-general a copy of the deed verified as a true copy by the statutory declaration of a person who has compared the copy with the original deed of which it purports to be a true copy; or 
	(c)	if the person is unable to produce the deed to the registrar-general by reason of the fact that the deed has been registered by, or filed or deposited with, an officer of a State or Territory under a law of that State or Territory—by depositing with the registrar-general a copy of the deed, being a copy of the deed certified as a true copy by the officer having the custody of the deed, or being a copy of the deed that is, by virtue of the law of the State or Territory under which the deed was so registered, filed or deposited, evidence of the contents of the deed in the State or Territory.
Note	A fee may be determined under s 8 (Determination of fees) for this section.
	(2)	A deed shall not be registered under this Act by being deposited with the registrar-general—
	(a)	unless the deed has endorsed on it, or attached to it, a statutory declaration made by a party to it verifying the due execution of the deed; and
	(b)	unless the deed and the statutory declaration verifying its execution, in the opinion of the registrar-general—
	(i)	are legibly written; and
	(ii)	are on paper of a size and standard approved by him or her; and
	(iii)	will, if bound in the register, be, and continue to be, easily readable.
	(3)	The registrar-general may refuse to accept the deposit, under subsection (1) (b) or (c), of a copy of a deed if, in his or her opinion, the copy—
	(a)	is not legibly written; or
	(b)	is not on paper of a size and standard approved by him or her; or
	(c)	will not, if bound in the register, be, and continue to be, easily readable.
	(4)	Where, in the copy of a deed, not being a copy which is, by virtue of the law of the State or Territory under which the deed was registered, filed or deposited, evidence of the contents of the deed in the State or Territory, there is an interlineation, alteration or erasure, the copy shall not be deposited with the registrar-general under subsection (1) (b) or (c) unless—
	(a)	the interlineation or alteration, not being an alteration by erasure, is authenticated by the initials of the person verifying or certifying the copy as a true copy; and
	(b)	in the case of an erasure—the words or figures appearing, at the time the copy was verified or certified to be a true copy, to be written on the erasure are rewritten and signed or initialed in the margin of the copy by the person verifying or certifying it to be a true copy.
	(5)	Upon registering a deed in the register, the registrar-general shall endorse on the registration copy of the deed a memorandum of the registration of the deed and of the date and time of registration and—
	(a)	shall, if the original deed has been produced to him or her but has not been deposited with him or her, endorse such a memorandum on the deed; or
	(b)	shall, if a copy of the deed has been deposited with him or her under subsection (1) (c) and the person depositing the copy so requests and produces to the registrar-general a further copy of the deed duly verified to be a copy, endorse such a memorandum on the further copy.
4A	Priority according to registration
	(1)	All deeds affecting any land, estate or interest in land, or other property, in the Territory which are executed or made in good faith and for valuable consideration and are registered under this Act, shall have priority according to the sequence of their registration only.
	(2)	A deed registered under this Act shall not lose any priority to which it would otherwise be entitled by reason only of bad faith in the conveying party if the party beneficially taking under that deed acted in good faith and there was valuable consideration given.
4B	Mistakes in registration
The registration of a deed under this Act shall not be defeated or made ineffectual by reason of any omission, misdescription or error if the identity of the deed is established and the requirements of this Act have been substantially complied with in relation to the registration of that deed.
5	Index
The registrar-general shall keep an index of deeds registered in, or forming part of, the register.
6	Searches
A person may search in the index kept by the registrar-general under section 5 and examine the registration copy of any deed registered in the register.
7	Certified copies
The registrar-general shall, upon receipt of an application specifying the particular deed, being a deed registered in the register, of which the person making the application desires to have issued to him or her a certified copy, issue to that person a copy of the registration copy of the deed certified by the registrar-general to be a true copy of the registration copy of the deed.
Note 1 	A fee may be determined under s 8 (Determination of fees) for this section.
Note 2 	If a form is approved under s 9 (Approved forms) for an application, the form must be used.
8	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note 	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
9	Approved forms
	(1) 	The registrar-general may, in writing, approve forms for this Act.
	(2) 	If the registrar-general approves a form for a particular purpose, the approved form must be used for that purpose.
	(3) 	An approved form is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
This Act was originally a Commonwealth ordinance—the Registration of Deeds Ordinance 1957 No 13 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
	Legislation before becoming Territory enactment
Registration of Deeds Act 1957 No 13
notified 21 November 1957
commenced 21 November 1957
as amended by
Ordinances Revision (Decimal Currency) Ordinance 1966 No 19
notified 23 December 1966
commenced 23 December 1966
Ordinances Revision (Administrative Arrangements) Ordinance 1977 No 18
notified 21 June 1977
commenced 21 June 1977
Registration of Deeds (Amendment) Ordinance 1977 No 49
notified 27 September 1977
commenced 3 October 1977
Registration of Deeds (Amendment) Ordinance 1978 No 25
notified 5 September 1978
commenced 3 October 1978
Registration of Deeds (Amendment) Ordinance 1980 No 14
notified 15 May 1980
commenced 1 July 1980
Registration of Deeds (Amendment) Ordinance 1982 No 79
notified 1 October 1982
commenced 1 October 1982
Registration of Deeds (Amendment) Ordinance 1983 No 40
notified 29 September 1983
commenced 1 October 1983
Registration of Deeds (Amendment) Ordinance 1985 No 22
notified 7 June 1985
commenced 7 June 1985
	Legislation after becoming Territory enactment
Registrar-General (Consequential Provisions) Act 1993 No 64 sch 1
notified 6 September 1993 (Gaz 1993 No S172)
s 1, s 2 commenced 6 September 1993 (s 2 (1))
sch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)
Land Titles (Consequential Amendments) Act 1995 No 54 sch pt 1
notified 20 December 1995 (Gaz 1995 No S313)
sch pt 1 commenced 20 June 1996 (s 2)
Births, Deaths and Marriages Registration (Consequential Provisions) Act 1997 No 113 sch
notified 24 December 1997 (Gaz 1997 No S420)
s 1, s 2 commenced 24 December 1997 (s 2 (1))
sch commenced 24 June 1998 (s 2 (2))
Legislation (Consequential Amendments) Act 2001 No 44 pt 327
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 327 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
Registration of Deeds Amendment Act 2003 A2003-39
notified LR 8 September 2003
s 1, s 2 commenced 8 September 2003 (LA s 75 (1))
remainder commenced 9 September 2003 (s 2)
4	Amendment history
Definitions for Act
s 2	def deed am 1993 No 64 sch 1; 1995 No 54 sch pt 1; 1997 No 113 sch; A2003-39 s 4
	def determined fee ins 1984 No 40 s 4
	om 2001 No 44 amdt 1.3604
	def the Registrar om 1993 No 64 sch 1
General register of deeds
s 3	am 1977 No 18; 1993 No 64 sch 1
Registration of deeds
s 4	am 1966 No 19; 1977 No 49; 1978 No 25; 1980 No 14; 1982 No 79; 1983 No 40; 1993 No 64 sch 1; 2001 No 44 amdt 1.3605, amdt 1.3606
Priority according to registration
s 4A	ins 1985 No 22
Mistakes in registration
s 4B	ins 1985 No 22
Index
s 5	am 1993 No 64 sch 1
Searches
s 6	am 1966 No 19; 1977 No 49; 1993 No 64 sch 1
Certified copies
s 7	am 1966 No 19; 1977 No 49; 1983 No 40; 1993 No 64 sch 1; 2001 No 44 amdts 1.3607-1.3610
Determination of fees
s 8	ins 1983 No 40
	sub 2001 No 44 amdt 1.3611
Approved forms
s 9	ins 2001 No 44 amdt 1.3611
The Schedule
sch	am 1993 No 64 sch 1
	om 2001 No 44 amdt 1.3612

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	ord 1985 No 22	31 October 1990	
2	Act 1997 No 113	31 January 1998	
3	A2001-44	12 September 2001	

©  Australian Capital Territory 2003