LAND TITLES
ACCESS CANBERRA
Chief Minister, Treasury and Economic Development Directorate

                                   TRANSFER BY POWER OF SALE	
Form 018 - TPS	

	Land Titles Act 1925	
IMPORTANT INFORMATION
This form is to be used to lodge a transfer by mortgagee under power of sale under the Land Titles Act 1925 (the Act).  You can access the Act at www.legislation.act.gov.au or obtain further information and forms at www.act.gov.au/accesscbr.	
PRIVACY INFORMATION
The Act authorises the Registrar-General to collect the personal information required by this form for the purposes of issuing a registration under the Act.  The Registrar-General prevents any unreasonable intrusion into a person’s privacy in accordance with the Information Privacy Act 2014. The Registrar-General provides identifiable information to law enforcement and other Directorates that have legal authority to request information under prescribed circumstances.
These agencies may also use this information to prepare and sell property sales reports to commercial organisations concerned with the development, sale or marketing of land.
	
INSTRUCTIONS FOR COMPLETION
•	A Transfer is a dutiable document.
•	The certificate of title or production of title consenting to the registration of this document is required for lodgement The Buyer Verification Declaration must be completed prior to lodgement of this form. The submission date and reference number must be recorded on this form.
•	Aggregation - Only complete the question on the transfer instrument if purchasing multiple properties within a 12 month period.  Two or more dutiable transactions of separate dutiable properties must be aggregated if they occur within 12 months of each other; involve transferees who are the same or associated people; and the transactions are part of substantially one arrangement relating to all items of dutiable property.  If you do not believe your transactions should be aggregated you must provide the corresponding code on the transfer instrument. Furthermore, where there are multiple properties on the one transfer instrument an annexure should be lodged with this form identifying the individual consideration for each property transferring. This will be taken as the clients request for the transactions not be aggregated in accordance with section 24 (2) of the Duties Act 1999.
•	Please indicate if the property is a Crown lease granted under the Land Rent Scheme. Duty for a land rent transaction is calculated in the same way as other Crown leases. 
•	If a duty concession/exemption is being claimed or the transferee is applying for Deferred Duty, please record the applicable code number. The codes and required documentation to retain are available on www.revenue.act.gov.au.
•	The value entered into the Consideration Field must reflect the total value of the property, being the higher of the consideration or market value, including GST is applicable.
•	All information should be typed or clearly printed.  If completing this form by hand please use a solid black pen only.
•	The first named buyer on this form will be the primary contact for ACT Revenue Office purposes.
•	This office will not accept lodgement of this form if it is not completed in full.
•	Any alteration to information provided on this form must be struck through with a black pen.  Substitute information must be clear and all parties must sign in the margin.  Do not use correction fluid or tape.
•	Ensure all required documents are attached.  If there is insufficient space in any panel, please use an Annexure Sheet.
•	Execution by:
a)	A Natural Person – Should be witnessed by an adult person who is not a party to the document.
b)	Attorney – if this document is executed by an Attorney pursuant to a registered power of attorney, it must set out the full name of the attorney and the form of execution must indicate the source of his/her authority e.g. “AB by his/her attorney XY pursuant to Power of Attorney ACT Registration No…… of which he/she has no notice of revocation”. (This execution requires a witness).
c)	Corporation – Section 127 of the Corporations Act provides that a company may now validly execute a document with or without using a Common Seal if the document is signed by:
i.	Two directors of the company;
ii.	A director and a secretary of the company; or
iii.	Where the company is a proprietary company and has a sole director who is also the sole company secretary, that director must state sole director.  (This execution does not require a witness).	
LODGEMENT AND CONTACT INFORMATION	

Website:
www.accesscanberra.act.gov.au
General Enquiries: 
13 22 81 	
In Person:
Environment, Planning and Land Shopfront
Ground Floor South, Dame Pattie Menzies House, 16 Challis Street, Dickson
Opening hours - Monday to Friday 8:30am to 4:30pm (excluding public holidays)	

		LAND TITLES
ACCESS CANBERRA
Chief Minister, Treasury and Economic Development Directorate

                                TRANSFER BY POWER OF SALE	
Form 018 - TPS	

	Land Titles Act 1925	
LODGING PARTY DETAILS	
Name	Email Address	Contact Telephone Number	
    	     	     	

TITLE AND LAND DETAILS	
Volume & Folio	District/Division	Section	Block	Unit	
     	     	     	     	     	

TRANSFEROR/S - SELLER (Surname Last) (ACN required for all companies)	REGISTERED MORTGAGE/CHARGE NUMBER (associated dealing number)	
     	

     	

PERCENTAGE OF INTEREST OWNED (whole or state share)	PERCENTAGE OF INTEREST BEING TRANSFERRED (whole or state share)	
     	     	

REPRESENTING SOLICITOR DETAILS (Complete if applicable – otherwise state below “Not Applicable”)	
Name of Firm	Solicitor Email Address	Solicitor Name	
     	     	     	

TRANSFEREE/S - BUYER (Surname Last) (ACN required for all companies)	THE BUYER VERIFICATION DECLARATION HAS BEEN SUBMITTED (must be completed prior to lodgement of this document)	
     	
Provide date and reference number/s

Submission Date:                      Reference Code:      	

FORM OF TENANCY	

 Joint Tenants 
 Tenants in Common in (the following shares) - (Please state proprietors name and shares out in full)

     	

ARE YOU APPLYING FOR A CONCESSION, EXEMPTION OR DUTY DEFERRAL? (See instructions) 	DOES THIS TRANSFER REQUIRE AGGREGATION WITH OTHER DUITABLE TRANSACTIONS? (See aggregation instructions, point 4)

	
 Yes (if yes provide code number) Code Number:      
 No	 Yes                                         N/A                                         
 No (if no provide code number) Code Number:      

CONSIDERATION (See instructions for completion – higher of market value or consideration)
	GST PAYABLE (See instructions)	DOES THIS TRANSACTION INVOLVE A LAND RENT LEASE? (See instructions)
	
$     	$    	 Yes        
 No	

DEVELOPMENT STATUS (Tick the appropriate box – one box must be completed)	LAND USE (Tick the appropriate box – one box must be completed)	
 Land Only    
 Incomplete Building  
 Building Completed 	 Residential 
 Rural   
 Commercial                                                     	

AGREEMENT / CONTRACT FOR SALE DATE 	SETTLEMENT DATE (the date the buyer is liable for rates)	
     	     	

COMMUNITY TITLE (if Transfer relates to a Community Title Scheme the following should be attached)	ACTPLA – MINISTER’S / DELEGATE’S CONSENT	
 Statutory Declaration                      AND                              Certified Copy of Undertaking submitted to ACTPLA		

TRANSFEROR/S – SELLER’S EXECUTION 	

Print full name of Transferor

     

Signature or common seal of Transferor

	
Print full name and address of witness 

     

Signature of witness

	

TRANSFEREE/S – BUYER’S EXECUTION (if Solicitor for Transferee executes – must state full name of Solicitor)	

Print full name of Transferee/Transferee’s Solicitor

     

Signature or common seal of applicant

	
Print full name and address of witness 

     

Signature of witness

	

OFFICE USE ONLY	
Lodged by		Certificate of title lodged		
Data entered by		Certificates attached to title		
Registered by		Attachments / Annexures		
Registration date		Production number