Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsDictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• adult
• child
• corporation
• Corporations Act
• domestic partnership (see s 169 (2))
• individual
• instrument (see s 14)
• interest
• land
• person
• police officer
• proceeding
• provision (see s 16)
• public trustee
• registrar-general.
Note 3 See also the Legislation Act, s 168 (References to person with interest in land include personal representative etc).
"administrator" includes anyone to whom administration of the estate of a deceased person is granted, and includes the public trustee acting under the Administration and Probate Act 1929, part 6.
"agent", for part 4.7 (Recovery of leased premises)—see section 437.
"annuity", for part 2.6 (Apportionment)—see section 248.
"assurance" includes a conveyance and a disposition made otherwise than by will.
"bankruptcy" includes any act or proceeding in law having effects or results similar to those of bankruptcy.
Example
winding-up of a company
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"common property", for part 2.9 (Unit Titles)—see the Unit Titles Act 2001, section 13.
"conveyance" includes an assignment, appointment, lease, settlement or other assurance by deed of any property.
"deed", in relation to land under the Land Titles Act 1925, includes an instrument that has the effect of a deed under that Act.
"disposition" includes—
(a) a conveyance; and
(b) an acknowledgment under the Administration and Probate Act 1929, section 56 (Executor may sign acknowledgment instead of conveyance); and
(c) a vesting instrument, declaration of trust, disclaimer, release or any other assurance of property by an instrument other than a will; and
(d) a release, devise, bequest or appointment of property in a will.
"dividend", for part 2.6 (Apportionment)—see section 248.
"encumbrance" includes—
(a) a mortgage; and
(b) a trust for securing money; and
(c) a lien or charge of a portion, annuity, or other capital or annual sum.
"executor" means the executor to whom probate has been granted, and includes an executor by right of representation.
"income", of land, includes rents and profits.
"instrument "includes a deed, a will, an agreement for settlement, and a law of the Territory, the Commonwealth, a State or another Territory.
"interested person", in relation to property, for part 2.5 (Partition)—see section 242.
"lease", for part 4.5 (Forfeiture of leases)—see section 424.
"lessee", for part 4.5 (Forfeiture of leases)—see section 424.
"lessor", for part 4.5 (Forfeiture of leases)—see section 424.
"life interest", for division 2.2.3 (Ending life interests)—see section 215.
"mortgage"—
(a) for land under the Land Titles Act 1925—see that Act, section 6 (1); and
(b) for other property—includes a charge on property for securing money or money's worth.
"mortgagee"—
(a) for land under the Land Titles Act 1925—see that Act, section 6 (1); and
(b) for other property—includes a person taking title to the mortgage under the original mortgagee.
"mortgagor"—
(a) for land under the Land Titles Act 1925—see that Act, section 6 (1); and
(b) for other property—includes any of the following:
(i) a person taking title to the equity of redemption under the original mortgagor;
(ii) a person entitled to redeem a mortgage, according to the person's interest in the mortgaged property.
"owners corporation", for part 2.9 (Unit Titles)—see the Unit Titles (Management) Act 2011, dictionary.
"personal representative" means the executor or administrator of a deceased person.
"person with a legal disability "means—
(a) a child; or
(b) a person with a mental disability.
"person with a mental disability "means—
(a) in relation to a proceeding—a person (other than a child) who is not legally competent to be a party to the proceeding; and
(b) in relation to the doing of something—a person (other than a child) who is not legally competent to do the thing;
and includes such a person even if a guardian or manager has not been appointed for the person under the Guardianship and Management of Property Act 1991.
"possession", of land, includes receipt of income from the land.
"proceeding for partition of property", for part 2.5 (Partition)—see section 242.
"purchaser"—
(a) for division 2.4.1 (Dispositions on trust for sale or with power of sale)—see section 230; and
(b) for division 2.4.2 (Voidable dispositions)—see section 238; and
(c) for any other provision—means a purchaser for valuable consideration, and includes—
(i) a lessee or mortgagee; and
(ii) anyone else who acquires an interest in property for valuable consideration.
"registered" means—
(a) for this Act generally—registered in the appropriate register kept by the registrar-general; and
(b) for part 2.9 (Unit Titles)—see section 259.
"rent"—
(a) includes yearly or other rent; and
(b) for part 2.6 (Apportionment)—see section 248.
"securities" includes stocks, funds and shares.
"settlement"—see section 200.
"sublease", for part 4.5 (Forfeiture of leases)—see section 424.
"trust corporation" means—
(a) the public trustee or a trustee company; or
(b) the Official Trustee in Bankruptcy under the Bankruptcy Act 1966 (Cwlth); or
(c) the trustee in whom the property of a bankrupt is vested.
"trustee company"—see the Trustee Companies Act 1947, dictionary.
"trustees for sale "means the people holding property on trust for sale.
"trust for sale" means a binding trust for sale, whether or not exercisable at the request or with the consent of anyone, and with or without a discretionary power to postpone sale.
"unit", for part 2.9 (Unit Titles)—see the Unit Titles Act 2001, section 9.
"units plan", for part 2.9 (Unit Titles)—see the Unit Titles Act 2001, dictionary.
"valuable consideration" includes marriage, but does not include a nominal consideration in money.
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 are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
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.
|
A = Act |
NI = Notifiable instrument |
|
AF = Approved form |
o = order |
|
am = amended |
om = omitted/repealed |
|
amdt = amendment |
ord = ordinance |
|
AR = Assembly resolution |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
CN = Commencement notice |
pres = present |
|
def = definition |
prev = previous |
|
DI = Disallowable instrument |
(prev...) = previously |
|
dict = dictionary |
pt = part |
|
disallowed = disallowed by the Legislative |
r = rule/subrule |
|
Assembly |
reloc = relocated |
|
div = division |
renum = renumbered |
|
exp = expires/expired |
R[X] = Republication No |
|
Gaz = gazette |
RI = reissue |
|
hdg = heading |
s = section/subsection |
|
IA = Interpretation Act 1967 |
sch = schedule |
|
ins = inserted/added |
sdiv = subdivision |
|
LA = Legislation Act 2001 |
SL = Subordinate law |
|
LR = legislation register |
sub = substituted |
|
underlining = whole or part not commenced |
|
|
mod = modified/modification |
or to be expired |
Civil Law (Property) Act 2006 A2006-38
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1)
remainder commenced 28 March 2007 (s 2 and LA s 79)
as amended by
Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 3 pt 3.5
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 3 pt 3.5 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
Justice and Community Safety Legislation Amendment Act 2010 (No 3) A2010-40 sch 1 pt 1.1
notified LR 5 October 2010
s 1, s 2 commenced 5 October 2010 (LA s 75 (1))
s 3, sch 1 pt 1.1 commenced 6 October 2010 (s 2 (1))
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.26
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.26 commenced 1 July 2011 (s 2 (1))
Unit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.2
notified LR 3 November 2011
s 1, s 2 commenced 3 November 2011 (LA s 75 (1))
sch 5 pt 5.2 commenced 30 March 2012 (s 2 and
CN2012-6)
Commencement
s 2 om LA s 89 (4)
Application of
Act
s 5 am A2010-40 amdt
1.1
Powers and duties of
guardian
s 257 am A2008-20 amdt 3.13;
A2011-22 amdt 1.91
Unit
Titles
pt 2.9 hdg ins A2011-41 amdt
5.3
Definitions—pt
2.9
div 2.9.1 hdg ins A2011-41 amdt
5.3
Definitions—pt
2.9
s 259 ins A2011-41 amdt
5.3
def common property ins
A2011-41 amdt 5.3
def owners
corporation ins A2011-41 amdt
5.3
def registered ins
A2011-41 amdt 5.3
def unit
ins A2011-41 amdt 5.3
def
units plan ins A2011-41 amdt 5.3
Developer
disclosure
div 2.9.2 hdg reloc from
Unit Titles Act 2001 div 3.4 hdg by A2011-41
amdt 5.38
Contract for sale of unit before
registration of units plan
s 260 reloc
from Unit Titles Act 2001 s 31A by A2011-41 amdt 5.38
Implied
warranties
div 2.9.3 hdg reloc from
Unit Titles Act 2001 pt 7A hdg by A2011-41 amdt 5.47
Meaning of implied
warranties—div 2.9.3
s
261 reloc from Unit Titles Act 2001 s 130A by A2011-41
amdt 5.47
Purpose—div
2.9.3
s 262 reloc from Unit Titles Act
2001 s 130B by A2011-41 amdt 5.47
Implied warranties and right to
cancel—effect
s 263 reloc from
Unit Titles Act 2001 s 130C by A2011-41 amdt 5.47
Implied
warranties
s 264 reloc from Unit
Titles Act 2001 s 130D by A2011-41 amdt 5.47
Cancellation of
contract
s 265 reloc from Unit Titles
Act 2001 s 130E by A2011-41 amdt 5.47
Claim for
compensation
s 266 reloc from Unit
Titles Act 2001 s 130F by A2011-41 amdt 5.47
Transitional
pt
5.4 hdg exp 28 March 2009 (s 506)
References to repealed
Act
s 504 exp 28 March 2009 (s
506)
Transitional
regulations
s 505 exp 28 March 2009 (s
506)
Expiry of pt
5.4
s 506 exp 28 March 2009 (s
506)
Repeals and consequential
amendments
pt 5.5 hdg om LA s 89
(3)
Legislation
repealed
s 507 om LA s 89
(3)
Legislation amended—sch
1
s 508 om LA s 89
(3)
Consequential
amendments
sch 1 om LA s 89
(3)
Dictionary
dict def
common property ins A2011-41 amdt
5.4
def owners corporation
ins A2011-41 amdt 5.4
def
registered sub A2011-41 amdt
5.5
def unit ins A2011-41
amdt 5.6
def units plan ins
A2011-41 amdt 5.6
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. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
28 Mar
2007– |
not amended |
new Act |
|
R2 |
27 Oct
2008– |
A2008-20 |
amendments by A2008-20 |
|
R3 |
29 Mar
2009– |
A2008-20 |
commenced expiry |
|
R4 |
6 Oct
2010– |
A2010-40 |
amendments by A2010-40 |
|
R5 |
1 July
2011– |
A2011-22 |
amendments by A2011-22 |
© Australian Capital Territory 2012