LAND SALES ACT 1984 Reprinted as in force on 15 February 2012 Reprint No. 5D [../images/LandSalesA84-3.gif] TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 2. Objects of Act 5. Application of Act 6. Definitions 6A. Meaning of purchaser Part 2--Sale of proposed allotments 7A. Part not to apply to large transactions 8. Restriction on selling 9. Identification of land 10. Vendor must tell purchaser about significant variations between disclosure plan and later plans 10A. Purchaser must be given registrable instrument of transfer and other documents 11. Contractual requirement re holding of money 11A. Limit on deposit amount 12. Trustee's duty 17. Consequences of avoidance 18. Declaration of non-application of part in respect of certain State leasehold land 19. Exemption from part Part 3--Sale of proposed lots 20. Application of part to sale or purchase of proposed lots 21. Statement identifying proposed lot etc. 22. Rectification of statement under s 21 23. Contractual requirement re holding of money 24. Trustee's duty 25. Avoidance of instrument for breach of s 21(1) 27. Purchaser's rights if not given a registrable instrument of transfer within a certain period 28. Extension of period mentioned in s 27 for giving of registrable instrument 29. Consequences of avoidance Part 3A--Enforcement Division 1--Inspectors 30. Appointment 30A. Inspector's identity card 30B. Production of inspector's identity card Division 2--Inspectors' powers 30C. Entry of place by inspector 30D. Warrants 30E. Warrants—applications made otherwise than in person 30F. Inspector's general powers in a place 30G. Power to require name and address Division 3--Other enforcement matters 30H. Procedure after thing seized 30I. Obstructing etc. inspectors 30J. Compensation Part 4--Miscellaneous provisions 31. Contracting out of Act void 32. Penalties under this Act are in addition to other penalties etc. 32A. Responsibility for acts or omissions of representatives 32B. Executive officers must ensure corporation complies with Act 33. Proceedings for offences 34. Evidentiary provision 35. Delegations 35A. Approval of forms 36. Regulations 37. Transitional provision for Sustainable Planning and Other Legislation Amendment Act 2012 Endnotes - LONG TITLE An Act to regulate certain sales of land 1 Short title This Act may be cited as the Land Sales Act 1984. 2 Objects of Act The objects of this Act are— (a) to facilitate property development in Queensland; and (b) to protect the interests of consumers in relation to property development; and (c) to ensure that proposed allotments and proposed lots are clearly identified; and (d) to achieve the objects mentioned in paragraphs (a) to (c) without imposing procedural obligations on local governments or the authority in addition to their or its obligations under the Planning Act or the ULDA Act. 5 Application of Act (1) This Act applies to a sale or purchase of a proposed allotment, or a proposed lot, wherever the agreement under which the sale or purchase was entered upon was made, if— (a) when the proposed allotment becomes an allotment, it will be situated in Queensland; or (b) when the proposed lot becomes a registered lot, it will be situated in Queensland. (2) A reference in any provision of this Act to a sale or purchase of a proposed allotment or a proposed lot shall be construed as a reference to a sale or purchase entered upon by a vendor or purchaser under an agreement made after the commencement of the provision in which the reference occurs. 6 Definitions In this Act— agreement means— (a) a written contract of sale, or another instrument, under which a sale or purchase is entered upon; or (b) an oral contract of sale under which a sale or purchase is entered upon that is enforceable because of— (i) a memorandum or note satisfying the Property Law Act 1974, section 59; or (ii) the common law doctrine of part performance. allotment means a single parcel of land, other than a lot within the meaning of this Act, the boundaries of which are shown on a plan of survey registered under the Land Act 1994 or Land Title Act 1994. approved form see section 35A. authority see the ULDA Act, schedule. building units plan means a building units plan within the meaning of the Building Units and Group Titles Act 1980. cadastral surveyor means a cadastral surveyor within the meaning of the Surveyors Act 2003. compliance permit see the Planning Act, section 394. development permit see the Planning Act, section 243. disclosure plan means a plan given, or to be given, to a purchaser of a proposed allotment under section 9. disclosure statement means a statement given, or to be given, to a purchaser of a proposed allotment under section 9. group titles plan means a group titles plan within the meaning of the Building Units and Group Titles Act 1980. leasehold building units plan means a leasehold building units plan within the meaning of the South Bank Corporation Act 1989. lot includes a registered lot and a proposed lot. operational work see the Planning Act, section 10(1). plan includes a building units plan, a group titles plan and a leasehold building units plan. Planning Act means the Sustainable Planning Act 2009. proposed allotment means a single parcel of land, other than a lot within the meaning of this Act, the boundaries of which are shown, or to be shown, on a plan of survey that is to be registered under the Land Act 1994 or Land Title Act 1994. proposed lot means that which will become a registered lot upon— (a) registration of a plan; or (b) registration of a plan and recording of a community management statement for a community titles scheme under the Body Corporate and Community Management Act 1997. purchase includes— (a) agree to purchase; (b) acquire an option to purchase; (c) enter upon a transaction that has as its object the acquisition of a right (not immediately exercisable) to purchase or to be given an option to purchase; (d) sign an instrument that is intended to legally bind a signatory to purchase; (e) enter upon a transaction or sign an instrument with a view to any person securing or attempting to secure another's agreement to sell. real estate agent means a person licensed under the Property Agents and Motor Dealers Act 2000 as a real estate agent. reconfiguring a lot see the Planning Act, section 10(1). registered lot means a lot shown on a plan registered under the Building Units and Group Titles Act 1980 or South Bank Corporation Act 1989, or a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997. registrable instrument of transfer means— (a) in respect of land that was a proposed allotment of freehold land at the time when a person entered upon the purchase thereof—a memorandum of transfer of the land in favour of that purchaser capable of immediate registration (subject to its being properly stamped under the Duties Act 2001) in the land registry; or (b) in respect of land that was a proposed allotment of State leasehold land at the time when a person entered upon the purchase thereof—an instrument of transfer of the land in favour of that purchaser capable of immediate registration or noting (subject to its being properly stamped under the Duties Act 2001) in the land registry; or (c) in respect of a lot that was a proposed lot at the time when a person entered upon the purchase thereof—a memorandum of transfer of the lot in favour of that purchaser capable of immediate registration (subject to its being properly stamped under the Duties Act 2001) in the land registry. registrar means the chief executive of the department. sell includes— (a) agree to sell; and (b) grant an option to purchase; and (c) enter upon a transaction that has as its object the grant of a right (not immediately exercisable) to purchase or to be given an option to purchase; and (d) procure a person to enter upon a purchase. State leasehold land means land leased under the Land Act 1994 or a miners homestead under the Land Act 1994. Editor's note— The Land Act 1994, section 495 defines a miners homestead as meaning any of the following held under the Miners' Homestead Leases Act 1913— (a) miner's homestead lease; (b) miner's homestead perpetual lease; (c) business area; (d) market garden area; (e) residence area; and, to remove any doubt, it is declared that it includes a special perpetual mining purposes lease issued under the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957, the Alcan Queensland Pty. Limited Agreement Act 1965 or the Aurukun Associates Agreement Act 1975. UDA development approval see the ULDA Act, schedule. UDA development condition see the ULDA Act, section 55(4)(b). ULDA Act means the Urban Land Development Authority Act 2007. vendor's agent means a person who procures another to purchase, other than— (a) a vendor under a contract for sale of a proposed allotment or of a proposed lot; and (b) a person who, if a contract for sale of a proposed allotment or of a proposed lot (the subject of the purchase) were made, would be a vendor thereunder; and (c) a person who in the matter of the purchase in question acts only as agent for a purchaser. 6A Meaning of purchaser (1) For the purposes of this Act— (a) a person who signs (personally or by an agent) an instrument that is intended to bind the person (absolutely or conditionally) to purchase a proposed allotment or a proposed lot shall be taken to have entered upon a purchase of the allotment or lot and in this Act is referred to as the purchaser; (b) a person who signs (personally or by an agent) an instrument that is intended to bind the person (absolutely or conditionally) to sell a proposed allotment or a proposed lot shall be taken to have entered upon a sale of the allotment or lot and in this Act is referred to as the vendor. (2) Subsection (1)(b) shall not be construed to limit the meaning of the expression sell as defined in section 6. 7A Part not to apply to large transactions (1) This part does not apply to the sale or purchase of a proposed allotment if the sale or purchase is part of a large transaction. (2) In subsection (1)— large transaction means the sale or purchase of 6 or more proposed allotments if— (a) the vendor of each proposed allotment is the same person; and (b) the purchaser of each proposed allotment is the same person; and (c) the sale or purchase is the subject of— (i) a single agreement; or (ii) 2 or more agreements entered into within 24 hours. 8 Restriction on selling (1) A person may sell a proposed allotment of freehold land only if, when the purchaser enters upon the purchase of the allotment— (a) if there is no operational work for the proposed allotment—there is an effective development permit, compliance permit or UDA development approval for reconfiguring a lot for the allotment; or (b) if paragraph (a) does not apply—there is an effective development permit, compliance permit or UDA development approval for the operational work associated with reconfiguring a lot for the allotment. Maximum penalty—200 penalty units or 1 year's imprisonment. (1A) A person may sell a proposed allotment of State leasehold land only if, when the purchaser enters upon the purchase of the allotment, the lessee has the Minister's approval, under the Land Act 1994, to subdivide the land. Maximum penalty—200 penalty units or 1 year's imprisonment. (2) An agreement made in contravention of this section is void and any person who had paid money thereunder shall be entitled to recover the amount thereof, together with the amount of interest (if any) that has accrued in respect of that amount since the money was so paid, by action as for a debt due and owing to the person by the person to whom the money was paid. 9 Identification of land (1) Before a purchaser enters upon a purchase of a proposed allotment, the vendor must give the purchaser— (a) a disclosure plan and disclosure statement for the proposed allotment; or (b) a copy of the plan of survey for the proposed allotment approved by the local government under the Planning Act or by the authority under the ULDA Act. Maximum penalty—100 penalty units or 6 months imprisonment. (2) The disclosure plan must include the following— (a) a copy of any plan for reconfiguring a lot for the allotment forming part of a development permit, compliance permit or UDA development approval mentioned in section 8(1)(a); (b) the metes and bounds description of the proposed allotment; (c) contour maps of the proposed allotment showing the following contours— (i) natural surface contours, with appropriate contour intervals; (ii) final surface contours as specified in the engineering drawings; (d) fill levels, and areas to be filled, as specified in the engineering drawings for the proposed allotment. (3) The disclosure statement must be signed by the purchaser and vendor and state the following— (a) the purchaser's full name and address; (b) the vendor's full name and address; (c) that the vendor or vendor's agent has given the purchaser the disclosure plan for the proposed allotment; (d) if a development permit or compliance permit mentioned in section 8(1)(a) is subject to conditions—the conditions; (da) if a UDA development approval mentioned in section 8(1)(a) is subject to a UDA development condition—the UDA development condition; (e) that the purchaser has— (i) for an allotment capable of being staked by a cadastral surveyor—inspected the proposed allotment after it has been staked by the surveyor; or (ii) for an allotment that is not capable of being staked by a cadastral surveyor—inspected the proposed allotment; or (iii) been given the opportunity, and declined, to do an inspection mentioned in subparagraph (i) or (ii); (f) that the vendor must give the purchaser the registrable instrument of transfer for the allotment, together with the other documents mentioned in section 10A(3), not later than 18 months after the purchaser enters upon the purchase of the allotment; (g) that if the vendor or vendor's agent contravenes this section, other than subsection (3)(a), (b) or (h), the purchaser may avoid the instrument relating to the sale by written notice given to the vendor or vendor's agent before the vendor gives the purchaser the registrable instrument of transfer for the allotment; (h) the day the statement is signed. (4) The obligation prescribed by subsection (1) or (3) rests upon the vendor's agent, where it is the agent who procures the signing of the instrument concerned by the purchaser or by the purchaser's agent, and otherwise rests upon the prospective vendor. (5) If the vendor or the vendor's agent contravenes this section, other than subsection (3)(a), (b) or (h), the purchaser may avoid the instrument relating to the sale by written notice given to the vendor or vendor's agent before the vendor gives the purchaser the registrable instrument of transfer for the allotment. (6) A stake placed by a cadastral surveyor under subsection 3(e)(i) is not a survey mark for the purposes of the Survey and Mapping Infrastructure Act 2003. (7) In this section— appropriate contour intervals means contour intervals of not more than the following— (a) for a proposed allotment of not more than 2000m2—500mm in height; (b) for a proposed allotment of more than 2000m2—the smallest of the following contour intervals— (i) the contour intervals shown on a local government topographic map that includes the allotment; (ii) the contour intervals shown on a topographic map that includes the allotment and is held in the department administered by the Minister administering the Land Act 1994 or Land Title Act 1994. 10 Vendor must tell purchaser about significant variations between disclosure plan and later plans (1) Subsections (2) and (3) apply if— (a) the vendor of a proposed allotment has not given the purchaser of the proposed allotment a registrable instrument of transfer for the allotment; and (b) there is a significant variation, not attributable to the purchaser, between the details contained in— (i) the disclosure plan given to the purchaser under section 9(1) and a plan of survey for the proposed allotment approved by the local government under the Planning Act or by the authority under the ULDA Act that the vendor proposes to register under the Land Act 1994 or Land Title Act 1994; or (ii) the disclosure plan given to the purchaser under section 9(1) and a plan mentioned in section 10A(3)(b) (as constructed plan) for the proposed allotment. (2) As soon as practicable, but not later than 14 days, after the vendor is given the plan of survey the vendor proposes to register, the vendor must give the purchaser written notice (significant variation notice)— (a) detailing the nature and extent of the significant variation; and (b) advising the purchaser that the purchaser may avoid the instrument relating to the sale by written notice given to the vendor within the prescribed period. Maximum penalty—100 penalty units or 6 months imprisonment. (3) If the vendor gives the purchaser a significant variation notice— (a) the purchaser may avoid the instrument relating to the sale by written notice given to the vendor within the prescribed period; and (b) the vendor must not, until the end of the prescribed period— (i) ask the purchaser to pay the balance of the purchase price; or (ii) give the purchaser a registrable instrument of transfer for the allotment. Maximum penalty for paragraph (b)—100 penalty units or 6 months imprisonment. (4) If the vendor contravenes this section, the purchaser may avoid the instrument relating to the sale by written notice given to the vendor— (a) for a contravention of subsection (2)—before the vendor gives the purchaser the registrable instrument of transfer for the allotment; or (b) for a contravention of subsection (3)(b)—within 14 days after the end of the prescribed period. (5) In this section— prescribed period means— (a) 30 days after the vendor gives the purchaser a significant variation notice; or (b) the period agreed, in writing, by the vendor and purchaser after the vendor gives the purchaser the significant variation notice. significant variation means— (a) in the details between a disclosure plan and a survey plan— (i) a variation of more than 2% in details of area; or (ii) a variation of more than 1% in details of linear dimensions; or (b) in the details between a disclosure plan and an as constructed plan—a variation of more than 500mm in height in details of surface contours or fill levels. 10A Purchaser must be given registrable instrument of transfer and other documents (1) The vendor of a proposed allotment must give the purchaser the registrable instrument of transfer for the allotment not later than 18 months after the purchaser enters upon the purchase of the allotment. (2) Subsection (3) applies if the vendor of a proposed allotment does not give the purchaser a copy of the plan of survey for the proposed allotment approved by the local government under the Planning Act or by the authority under the ULDA Act before the purchaser enters upon the purchase of the proposed allotment. (3) The vendor must give the purchaser the following documents relating to the allotment not later than 18 months after the purchaser enters upon the purchase of the allotment— (a) a copy of the plan of survey registered under the Land Act 1994 or Land Title Act 1994 (registered survey plan); (b) for operational work mentioned in section 8(1)(b)—a copy of a plan showing the constructed works (the as constructed plan); (c) a statement certified by a cadastral surveyor— (i) that there are no variations between the details of the area or linear dimensions contained in the disclosure plan given to the purchaser under section 9(1) and the registered survey plan for the proposed allotment; or (ii) if there are variations, other than variations of which notice is required to be given under section 10—detailing the nature and extent of the variations. (4) If the vendor contravenes this section, the purchaser may avoid the instrument relating to the sale by written notice given to the vendor before the vendor gives the purchaser the registrable instrument of transfer for the allotment. (5) If the vendor contravenes subsection (1) or (3)(c), the vendor commits an offence. Maximum penalty—20 penalty units. 11 Contractual requirement re holding of money (1) Where an instrument, that is intended to bind a person (absolutely or conditionally) to purchase a proposed allotment, provides for the payment of money in respect of the purchase, all moneys the payment whereof the purchaser is bound to make in terms of the instrument, whether by way of deposit or otherwise, without becoming entitled in terms of the instrument to receive a registrable instrument of transfer in exchange therefor shall be paid directly to the public trustee constituted under the Public Trustee Act 1978 unless the parties to the instrument agree that such moneys shall be paid directly to— (a) a law practice at its office in Queensland; or (b) a real estate agent duly licensed under the Property Agents and Motor Dealers Act 2000; or (c) a real estate agency in which a person licensed under the Property Agents and Motor Dealers Act 2000 as a real estate agent carries on the business of real estate agent; specified in the instrument. Maximum penalty—200 penalty units or 1 year's imprisonment. (1A) Moneys paid to an individual, firm or agency under subsection (1), other than moneys paid to a law practice, must be held— (a) in the case of an individual—by the individual in a trust account kept for the purposes of this Act by— (i) the individual; or (ii) the firm or agency of which the individual is a member; and (b) in the case of a firm or agency—by the firm or agency in a trust account kept for the purposes of this Act by the firm or agency; and (c) in the case of the public trustee—by the public trustee in a trust account kept for the purposes of this Act by the public trustee; and dealt with by the individual, firm, agency, or public trustee in accordance with this part and the law governing the operation of the individual's, firm's, agency's or public trustee's trust account. Maximum penalty—200 penalty units or 1 year's imprisonment. (1B) Moneys paid to a law practice under subsection (1) must be held by the law practice in a trust account kept for the purposes of this Act by the practice and dealt with by the practice under this part and the law governing the operation of the practice's trust account. Maximum penalty—200 penalty units or 1 year's imprisonment. (2) Any provision of an instrument to which subsection (1) relates or of any other instrument made in connection with such an instrument that provides for money, referred to in that subsection, to be paid contrary to that subsection shall be void. (3) Nothing in this section or section 12 shall be construed as requiring money, on payment of which, in terms of an instrument such as is first referred to in subsection (1), the purchaser becomes entitled in terms of the instrument to a registrable instrument of transfer in exchange therefor, to be paid to a person specified in subsection (1) as trustee. (4) Moneys payable to a trustee pursuant to this part shall, if they are paid to a law practice, be deemed to be trust moneys under the Legal Profession Act 2007, part 3.3. (5) In this section— law practice means any of the following, within the meaning of the Legal Profession Act 2007, that has an office in Queensland— (a) an Australian legal practitioner who is a sole practitioner but not a barrister under that Act; (b) a law firm; (c) an incorporated legal practice; (d) a multi-disciplinary partnership. 11A Limit on deposit amount (1) This section applies if the amount payable by a purchaser as a deposit under an instrument relating to the sale of a proposed allotment is more than 10% of the purchase price of the proposed allotment. (2) The purchaser may, by written notice given to the vendor before the registrable instrument of transfer for the allotment is given to the purchaser, avoid the instrument relating to the sale of the allotment. 12 Trustee's duty (1) An entity that receives money as a trustee in accordance with section 11(1) shall retain the money in the entity's trust account until the purchaser or vendor becomes entitled, in accordance with this part or otherwise according to law, to a refund or payment of the money whereupon the trustee shall dispose of the money in accordance with the law governing the operation of the entity's trust account. Maximum penalty—200 penalty units or 1 year's imprisonment. (1A) Subsection (1) applies despite anything in the instrument under which the money was paid. (2) Nothing in section 11 or this section shall be construed as prohibiting the investment by the trustee, in the name of the trustee and in accordance with the law in that respect (if any) governing the operation of the trust account in question, of money retained in that account in pursuance of those sections in any manner agreed upon by the parties to the instrument under or in relation to which the money was paid and notified to the trustee in writing signed by the parties. (3) Money invested as specified in subsection (2) continues to be money in the trust account of the trustee notwithstanding that it is so invested and upon the calling in or maturing of such an investment the proceeds thereof shall, if they are not further invested as so specified, be paid forthwith by the trustee into a trust account maintained or established by the trustee for the purposes of this Act. Maximum penalty—200 penalty units or 1 year's imprisonment. 17 Consequences of avoidance (1) Where a purchaser has avoided an instrument pursuant to this part any person who, in respect of the transaction evidenced by the instrument, has received money paid by or on behalf of the purchaser shall, subject to the person complying with the law governing the person's trust account if the money is held in a trust account, forthwith refund the amount of that money to the purchaser or as the purchaser directs in writing together with the amount of interest (if any) that has accrued in respect of that amount since the money was so paid. (2) A person entitled to a refund or payment of money pursuant to this section may recover the money by action as for a debt due and owing to the person by the person by whom it is payable. 18 Declaration of non-application of part in respect of certain State leasehold land (1) A regulation may declare that, subject to any specified conditions, this part does not have effect in relation to— (a) a specified miners homestead under the Land Act 1994, chapter 8, part 7, division 2; or (b) a specified lease or a specified class of lease under the Land Act 1994; or in relation to any subdivision, or allotment or proposed allotment, of land mentioned in paragraph (a) or (b). (2) Where a person has contravened or failed to comply with a condition to which a declaration under subsection (1) is subject, the Supreme Court may, on the application of a person who is a purchaser under any sale or purchase of the holding or miner's homestead in question, or any allotment or proposed allotment of the holding or miner's homestead to which the declaration relates, order the person first mentioned in this subsection to comply with the condition. (3) A declaration made under subsection (1) before the commencement of this subsection continues to have effect, after the commencement, as if it had been made by a regulation. 19 Exemption from part (1) Each of the following persons may apply to the registrar, in the approved form, for exemption from all or any of the provisions of this part in relation to land that is to be subdivided into not more than 5 allotments— (a) a person by or for whom the land is to be subdivided; (b) a vendor or purchaser of a proposed allotment. (1A) However, a purchaser may apply for exemption only with the vendor's consent. (2) Subject to subsection (2B), the registrar must, within 15 days of receipt of the application— (a) grant the application by instrument of exemption; or (b) refuse it by written notice to the applicant. (2A) If the registrar grants the application— (a) the registrar may grant it subject to any other condition specified in the instrument; and (b) the registrar must specify in the instrument the provisions of this part in relation to which the exemption is granted. (2B) If the application is defective in a way that hampers the registrar's consideration of the application, the registrar may seek further information from the applicant to cure the defect. (2C) An exemption under this section is given on the condition that the land is subdivided in accordance with the application, subject to any other condition specified in the exemption instrument. (3) The registrar, by written notice, may— (a) revoke an exemption given under this section if the conditions to which it is subject are not complied with; and (b) change a condition specified in the exemption instrument. (3A) Notice in writing of a revocation or variation shall be given to the person to whose land the exemption related. (4) While an exemption granted under subsection (2) subsists such of the provisions of this part as are specified in the instrument of exemption shall not apply in relation to the sale or purchase of 1 or more than 1 of the proposed allotments in respect of which it was granted. (5) Where a person has contravened or failed to comply with a condition to which an exemption under subsection (2) is subject, the Supreme Court may, on application of a purchaser of a proposed allotment in respect of which the exemption was granted, order the person to comply with the condition. (6) Notwithstanding the provisions of section 8, a person may agree to sell a proposed allotment that is land in respect of which a person is eligible to make an application for exemption under subsection (1) if the instrument that binds a person to purchase the proposed allotment is conditional upon the grant under subsection (2) of an exemption from section 8 or from that section and any other provision of this part. (7) In a case to which subsection (6) applies application for the exemption shall be made within 30 days after the event that marks the entry of a purchaser upon the purchase of the proposed allotment. (8) Where application for exemption for the purposes of subsection (6) is not received by the registrar within the time prescribed by subsection (7) the instrument in question referred to in subsection (6) is void and any person who has paid money thereunder shall be entitled to recover the amount thereof, together with the amount of interest (if any) that has accrued in respect of the money since it was so paid, by action as for a debt due and owing to the person by the person to whom the money was paid. 20 Application of part to sale or purchase of proposed lots (1) This part applies to the sale or purchase of a proposed lot. (2) Nothing in this part applies to or in relation to any right or interest in or in respect of a proposed lot where the right or interest in question is a right of participation in a time-sharing scheme within the meaning of the Corporations Act. 21 Statement identifying proposed lot etc. (1) Before a person enters upon a purchase of a proposed lot there shall be given to the person (or to the person's agent) a statement in writing, signed by the person who is to become the person's vendor or that person's agent, that— (a) clearly identifies the lot to be purchased; and (b) states the names and addresses of the prospective vendor and the prospective purchaser; and (c) clearly states whether the prospective vendor or the prospective vendor's agent (whether personally or by any employee) has made or offered to the prospective purchaser or the prospective purchaser's agent any representation, promise or term with respect to the provision to the purchaser of a certificate of title that relates to the lot in question only; and (d) if any representation, promise or term, such as is referred to in paragraph (c) has been made or offered, clearly states the particulars thereof; and (e) states the date on which it is signed. Maximum penalty—100 penalty units or 6 months imprisonment. (2) The obligation prescribed by subsection (1) rests upon the prospective vendor's agent, when it is the prospective vendor's agent who procures the signing of the instrument concerned by the purchaser or by the purchaser's agent, and otherwise rests upon the prospective vendor. (3) The statement in writing referred to in subsection (1) shall be separate from the instrument before the signing of which it is to be given. (4) Where a prospective vendor is required to give a statement in writing prescribed by subsection (1) and is also a person required by the Building Units and Group Titles Act 1980, section 49 to give a statement in writing, prescribed by that section and a statement is given in accordance with that section it shall be sufficient compliance with subsection (1) if the particulars prescribed by subsection (1) are included in the statement given in accordance with section 49 aforesaid and in that event subsection (3) shall not apply to the case. (5) Subsection (6) applies if— (a) a prospective vendor for the sale of a proposed lot is required to give a statement in writing under subsection (1); and (b) the prospective vendor is also required under the Body Corporate and Community Management Act 1997, section 213 to give a first statement relating to the proposed lot; and (c) the prospective vendor gives the first statement under the section, and incorporates in the first statement the matters prescribed by subsection (1)(a) to (d) of this section. (6) If this subsection applies— (a) there is sufficient compliance with subsection (1); and (b) subsection (3) does not apply. 22 Rectification of statement under s 21 (1) If a statement in writing of particulars referred to in section 21(1) given in accordance with, or pursuant to section 21(4) or (6) in sufficient compliance with, section 21(1)— (a) is not accurate at the time it is given; or (b) contains information that subsequently to the time it is given becomes inaccurate in any respect; it is the duty of the vendor and the vendor's agent to give to the purchaser or the purchaser's agent a statement in writing signed by the vendor or the vendor's agent of particulars required to be included in a statement given for the purposes of section 21(1) as soon as is reasonably practicable after the proposed lot has become a registered lot. (2) Subsection (1) applies whether the statement in writing is given in due time in accordance with section 21 or at a later time. (3) It shall be sufficient compliance with subsection (1) if 1 of them, the vendor or the vendor's agent, discharges the duty thereby imposed, whereupon the other of them shall be freed of the duty in respect of giving the rectification notice that has been given. (4) Where a vendor or a vendor's agent is required under subsection (1) to give to the purchaser or the purchaser's agent a statement of particulars then— (a) the vendor or the vendor's agent shall not deliver to the purchaser or the purchaser's agent a registrable instrument of transfer in respect of the lot the subject of the purchase in question; and (b) the purchaser shall not be required to pay the outstanding purchase moneys; until the expiration of a period of 30 days after the receipt by the purchaser or the purchaser's agent of a copy of the statement of particulars in accordance with subsection (1) or until the time stipulated by the instrument made in respect of the sale and purchase for the payment of those moneys (whichever period is the later to expire) unless it is otherwise agreed in writing between the vendor or the vendor's agent and the purchaser or the purchaser's agent, after receipt by the purchaser or the purchaser's agent of a copy of the statement of particulars in accordance with subsection (1). 23 Contractual requirement re holding of money (1) Where an instrument, that is intended to bind a person (absolutely or conditionally) to purchase a proposed lot, provides for the payment of money in respect of the purchase, all moneys the payment whereof the purchaser is bound to make in terms of the instrument, whether by way of deposit or otherwise, without becoming entitled in terms of the instrument to receive a registrable instrument of transfer in exchange therefor shall be paid directly to the public trustee constituted under the Public Trustee Act 1978 unless the parties to the instrument agree that such moneys shall be paid directly to— (a) a law practice at its office in Queensland; or (b) a real estate agent duly licensed under the Property Agents and Motor Dealers Act 2000; or (c) a real estate agency in which a real estate agent carries on business; specified in the instrument. Maximum penalty—200 penalty units or 1 year's imprisonment. (1A) Moneys paid under subsection (1), other than moneys paid to a law practice, must be— (a) held— (i) if paid to an individual—by the individual in a trust account kept for this Act by— (A) the individual; or (B) the firm or agency of which the individual is a member; and (ii) if paid to a firm or agency—by the firm or agency in a trust account kept for this Act by the firm or agency; and (iii) if paid to the public trustee—by the public trustee in a trust account kept for this Act by the public trustee; and (b) dealt with by the individual, firm, agency, or public trustee in accordance with this part and the law governing the operation of the individual's, firm's, agency's or public trustee's trust account. Maximum penalty—200 penalty units or 1 year's imprisonment. (1B) Moneys paid to a law practice under subsection (1) must be held by the law practice in a trust account kept for the purposes of this Act by the practice and dealt with by the practice under this part and the law governing the operation of the practice's trust account. Maximum penalty—200 penalty units or 1 year's imprisonment. (2) Any provision of an instrument to which subsection (1) relates or of any other instrument made in connection with such an instrument that provides for money, referred to in that subsection, to be paid contrary to that subsection shall be void. (4) Nothing in this section or section 24 shall be construed as requiring money, on payment of which, in terms of an instrument such as is first referred to in subsection (1), the purchaser becomes entitled in terms of the instrument to a registrable instrument of transfer in exchange therefor, to be paid to a person specified in subsection (1) as trustee. (5) Moneys payable to a trustee pursuant to this part shall, if they are paid to a law practice, be deemed to be trust moneys under the Legal Profession Act 2007, part 3.3. (6) In this section— law practice means any of the following, within the meaning of the Legal Profession Act 2007, that has an office in Queensland— (a) an Australian legal practitioner who is a sole practitioner but not a barrister under that Act; (b) a law firm; (c) an incorporated legal practice; (d) a multi-disciplinary partnership. 24 Trustee's duty (1) An entity that receives money as a trustee in accordance with section 23(1) shall retain the money in the entity's trust account until the purchaser or vendor becomes entitled, in accordance with this part or otherwise according to law, to a refund or payment of the money whereupon the trustee shall dispose of the money in accordance with the law governing the operation of the entity's trust account. Maximum penalty—200 penalty units or 1 year's imprisonment. (1A) Subsection (1) applies despite anything in the instrument under which the money was paid. (2) Nothing in section 23 or this section shall be construed as prohibiting the investment by the trustee, in the name of the trustee and in accordance with the law in that respect (if any) governing the operation of the trust account in question, of money retained in that account in pursuance of those sections in any manner agreed upon by the parties to the instrument under or in relation to which the money in question was paid and notified to the trustee in writing signed by the parties. (3) Money invested as specified in subsection (2) continues to be money in the trust account of the trustee notwithstanding that it is so invested and upon the calling in or maturing of such an investment the proceeds thereof shall, if they are not further invested as so specified, be paid forthwith by the trustee into a trust account maintained or established by the trustee for the purposes of this Act. Maximum penalty—200 penalty units or 1 year's imprisonment. 25 Avoidance of instrument for breach of s 21(1) (1) Where in respect of a purchase to which section 21(1) relates— (a) there has not been given to the purchaser or the purchaser's agent a statement in writing in accordance with, or that pursuant to section 21(4) or (6) sufficiently complies with, section 21(1); or (b) there has not been given to the purchaser or the purchaser's agent when required by section 22(1) a statement in writing in accordance with that section; or (c) a statement in writing in accordance with, or that pursuant to section 21(4) or (6) sufficiently complies with, section 21(1) (whether given in due time in accordance with that section or at a later time) and a statement in writing in accordance with section 22 (1), have been given to the purchaser or the purchaser's agent; the purchaser may avoid the instrument made in respect of the purchase of the proposed lot by notice in writing given to the vendor or the vendor's agent if the purchaser has been materially prejudiced by the failure to give a statement in writing referred to in paragraph (a) or (b) or, in the case referred to in paragraph (c), by the inaccuracy of any particular in the statement in writing first mentioned in that paragraph. (2) A notice of avoidance under subsection (1), if it is to be effectual, shall be given— (a) before a registrable instrument of transfer that relates to the lot in question has been delivered by the vendor or the vendor's agent to the purchaser or the purchaser's agent; or (b) where the purchaser seeks to avoid the instrument in question by reason of the inaccuracy of any particular in the statement in writing given in accordance with, or pursuant to section 21(4) or (6) in sufficient compliance with, section 21(1)— (i) before the expiration of a period of 30 days after the receipt by the purchaser or the purchaser's agent of the statement in writing given in accordance with section 22 (1); or (ii) before the delivery of a registrable instrument of transfer as aforesaid; whichever occurs sooner. 27 Purchaser's rights if not given a registrable instrument of transfer within a certain period (1) This section applies if— (a) a purchaser entered upon the purchase of a proposed lot under an instrument relating to the sale of the proposed lot (the instrument); and (b) the vendor has not given the purchaser a registrable instrument of transfer for the lot within 31/2 years after the day the instrument was made, other than as a result of the purchaser's default. (2) The purchaser may avoid the instrument by written notice given to the vendor before the vendor gives the purchaser the registrable instrument of transfer for the proposed lot. 28 Extension of period mentioned in s 27 for giving of registrable instrument (1) A regulation may prescribe, for a proposed lot, a period of more than 31/ 2 years but not more than 51/2 years. (2) For the application of section 27 to a purchase of the proposed lot, entered upon after the commencement of this section, the period of 31/2 years mentioned in section 27(1)(b) is taken to be the period prescribed under subsection (1). (3) However, subsection (2) applies only if the vendor or the vendor's agent gave to the purchaser, before the purchaser entered upon the purchase of the proposed lot, notice in the approved form stating the period prescribed under subsection (1). 29 Consequences of avoidance (1) Where a purchaser has avoided an instrument pursuant to this part any person who, in respect of the transaction evidenced by the instrument, has received money paid by or on behalf of the purchaser shall, subject to the person complying with the law governing the person's trust account if the money is held in a trust account, forthwith refund the amount of that money to the purchaser or as the purchaser directs in writing together with the amount of interest (if any) that has accrued in respect of that amount since the money was so paid. (2) A person entitled to a refund or payment of money pursuant to this section may recover the money by action as for a debt due and owing to the person by the person by whom it is payable. 30 Appointment (1) The chief executive may appoint employees of the department as inspectors. (2) The chief executive may appoint a person as an inspector only if, in the chief executive's opinion, the person has the necessary expertise or experience to be an inspector. 30A Inspector's identity card (1) The chief executive must issue an identity card to each inspector. (2) The identity card must— (a) contain a photograph of the inspector; and (b) be signed by the inspector. (3) A person who stops being an inspector must return the identity card to the chief executive as soon as practicable after the person stops being an inspector, unless the person has a reasonable excuse for not returning it. Maximum penalty for subsection (3)—10 penalty units. 30B Production of inspector's identity card (1) An inspector may exercise a power under this Act in relation to a person only if the inspector first produces or displays the inspector's identity card for inspection by the person. (2) If, for any reason, it is not practicable to comply with subsection (1), the inspector must produce the identity card for inspection by the person at the first reasonable opportunity. 30C Entry of place by inspector An inspector may enter a place if— (a) the occupier of the place consents to the entry; or (b) it is a public place and the entry is made when the place is open to the public; or (c) the entry is authorised by a warrant. 30D Warrants (1) An inspector may apply to a magistrate for a warrant for a place. (2) The application must— (a) be sworn; and (b) set out the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require that additional information supporting the application be given by a statutory declaration. (4) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting that— (a) there is a particular thing (the evidence) that may provide evidence of the commission of an offence against this Act; and (b) the evidence is, or may be within the next 7 days, at the place. (5) The warrant must state— (a) that the inspector is authorised, with assistance and force that may be necessary and reasonable— (i) to enter the place; and (ii) to exercise the inspector's powers under this Act; and (b) the evidence for which the warrant is issued; and (c) the hours of the day when entry may be made; and (d) the day (within 14 days after the warrant's issue) on which the warrant stops having effect. 30E Warrants—applications made otherwise than in person (1) An inspector may apply for a warrant by phone, fax, radio or another form of communication if the inspector considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the inspector's remote location. (2) Before applying for the warrant, the inspector must prepare an application that sets out the grounds on which the warrant is sought. (3) The inspector may apply for the warrant before the application is sworn. (4) If the magistrate issues the warrant and it is reasonably practicable to fax a copy of it to the inspector, the magistrate must immediately fax the copy to the inspector. (5) If the magistrate issues the warrant but it is not reasonably practicable to fax a copy of it to the inspector— (a) the magistrate must— (i) tell the inspector what the terms of the warrant are; and (ii) tell the inspector the date and time the warrant was signed; and (iii) record the reasons for issuing the warrant on the warrant; and (b) the inspector must— (i) complete a form of warrant in the same terms as the warrant issued by the magistrate; and (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. (6) The facsimile warrant, or the warrant form properly completed by the inspector, is authority for the entry and the exercise of the other powers authorised by the warrant issued by the magistrate. (7) The inspector must send to the magistrate— (a) the sworn application; and (b) if a warrant form was completed by the inspector—the completed warrant form. (8) The sworn application and any completed warrant form must be sent to the magistrate at the earliest practicable opportunity. (9) On receipt of the application and any warrant form, the magistrate must attach them to the warrant issued by the magistrate. (10) If— (a) it is material for a court to be satisfied that the exercise of a power was authorised by a warrant issued under this section; and (b) the warrant is not produced in evidence; the court must assume the exercise of power was not authorised by a warrant, unless the contrary is proved. 30F Inspector's general powers in a place (1) After entering a place under section 30C, an inspector may exercise a power mentioned in subsection (2) only if— (a) the occupier of the place consents to the exercise of the power; or (b) the entry was authorised by a warrant. (2) The inspector may— (a) search any part of the place; or (b) if entry was authorised by a warrant—seize the evidence for which the warrant was issued; or (c) in any case—seize a thing if the inspector believes on reasonable grounds that— (i) the thing is evidence of the commission of an offence against this Act; and (ii) the seizure is necessary to prevent— (A) the concealment, loss or destruction of the thing; or (B) the use of the thing in committing, continuing or repeating an offence against this Act; or (d) inspect, examine, photograph or film anything in or on the place; or (e) take extracts from, or make copies of, any documents in or on the place; or (f) take into or onto the place any person, equipment and materials that the inspector reasonably requires for the purpose of exercising any powers in relation to the place; or (g) require a person in or on the place, or the occupier of the place, to give the inspector reasonable help for the exercise of the powers mentioned in paragraphs (a) to (f). (3) A person who is required by an inspector under subsection (2)(g) to give the inspector reasonable help for the exercise of a power must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—60 penalty units. (4) If the help is required to be given by a person by— (a) answering a question; or (b) producing a document (other than a document required to be kept by the person under this Act); it is a reasonable excuse for the person to fail to comply with the requirement on the ground that the information or document might tend to incriminate the person. (5) However, information or a document mentioned in subsection (4) is not admissible in evidence against the person— (a) for an individual—in any criminal proceedings; or (b) for a person other than an individual—in any criminal proceedings, other than proceedings under this Act. 30G Power to require name and address (1) An inspector may require a person to state the person's name and address if the inspector— (a) finds the person committing an offence against this Act; or (b) finds the person in circumstances that lead, or has information that leads, the inspector to suspect on reasonable grounds that the person has committed, or assisted in the commission of, an offence against this Act. (2) When making the requirement, the inspector must warn the person that it is an offence to fail to state the person's name and address, unless the person has a reasonable excuse. (3) The inspector may require the person to give evidence of the correctness of the person's name or address if the inspector suspects, on reasonable grounds, that the name or address given is false. (4) A person must comply with an inspector's requirement under subsection (1) or (3), unless the person has a reasonable excuse for not complying with it. Maximum penalty—60 penalty units. (5) The person does not commit an offence against this section if— (a) the inspector required the person to state the person's name and address on suspicion of the person having committed an offence against this Act; and (b) the person is not proved to have committed the offence. 30H Procedure after thing seized (1) As soon as practicable after a thing is seized by an inspector under section 30F, the inspector must give a receipt for it to the person from whom it was seized. (2) The inspector must allow a person who would be entitled to the seized thing if it were not in the inspector's possession— (a) to inspect it; or (b) if it is a document—to take extracts from it or make copies of it. (3) The inspector must return the seized thing to the person at the end of— (a) 1 year; or (b) if a prosecution for an offence involving it is started within 1 year—the proceeding for the offence and any appeal from the proceeding. (4) Despite subsection (3), the inspector must return the seized thing to the person if the inspector is satisfied that— (a) its retention as evidence is no longer necessary; and (b) its return is not likely to result in its use in repeating the offence. 30I Obstructing etc. inspectors A person must not obstruct, hinder or resist an inspector in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—60 penalty units. 30J Compensation (1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this part. (2) Payment of compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to make the order in the circumstances of the particular case. 31 Contracting out of Act void (1) In this section— avoidance provision means a covenant, condition or other provision— (a) entered into, or imposed, in or for an agreement intended to bind a person for the sale or purchase of a proposed allotment or a proposed lot; and (b) under which it is agreed or acknowledged that a provision of this Act does not apply to the agreement or a transaction under the agreement. (2) An avoidance provision is void. 32 Penalties under this Act are in addition to other penalties etc. (1) A penalty imposed under this Act is in addition to any other liability or remedy provided by law. (2) Without limiting subsection (1), the institution of proceedings for an offence against this Act is not a condition precedent to any right to enforce any other liability or remedy provided by law. 32A Responsibility for acts or omissions of representatives (1) In this section— representative means— (a) of a corporation—an executive officer, employee or agent of the corporation; or (b) of an individual—an employee or agent of the individual. state of mind of a person includes— (a) the person's knowledge, intention, opinion, belief or purpose; and (b) the person's reasons for the intention, opinion, belief or purpose. (2) Subsections (3) and (4) apply in a proceeding for an offence against this Act. (3) If it is relevant to prove a person's state of mind about a particular act or omission, it is enough to show— (a) the act was done or omitted to be done by a representative of the person within the scope of the representative's actual or apparent authority; and (b) the representative had the state of mind. (4) An act done or omitted to be done for a person by a representative of the person within the scope of the representative's actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission. 32B Executive officers must ensure corporation complies with Act (1) The executive officers of a corporation must ensure the corporation complies with this Act. (2) If a corporation commits an offence against a provision of this Act, each of the corporation's executive officers also commits an offence, namely, the offence of failing to ensure that the corporation complies with the provision. Maximum penalty—the penalty for the contravention of the provision by an individual. (3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure that the corporation complies with the provision. (4) However, it is a defence for an executive officer to prove— (a) if the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer exercised reasonable diligence to ensure the corporation complied with the provision; or (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence; or (c) that information that tended to incriminate the corporation was obtained under section 30F. 33 Proceedings for offences (1) Proceedings in respect of an offence against this Act shall be had in a summary way under the Justices Act 1886 upon the complaint of the registrar or a person authorised by the registrar either generally or in a particular case. (2) It shall not be necessary to prove the appointment of the registrar or the authority of a complainant to lay the complaint in proceedings in respect of an offence against this Act in the absence of evidence that challenges such appointment or authority. 34 Evidentiary provision In proceedings in respect of an offence against this Act a copy of an instrument purporting to relate to the sale or purchase of a proposed allotment or a proposed lot and produced on behalf of the complainant shall be admissible in evidence as if it were the original thereof. 35 Delegations (1) The chief executive of the department may delegate the chief executive's powers under this Act to an appropriately qualified public service employee. (2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. Example— a person's classification level in the public service 35A Approval of forms The chief executive may approve forms for use under this Act. 36 Regulations (1) The Governor in Council may make regulations for the purposes of this Act. (2) A regulation may make provision with respect to— (a) the method of verifying any information required by or in approved forms and the completion or preparation of forms in accordance with the directions contained in forms; and (b) the matters for which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay fees, costs and charges, when fees, costs and charges are payable, and the recovery of any unpaid amount of fees, costs and charges; and (c) prescribing offences for contraventions of a regulation, and fixing a maximum penalty of a fine of 20 penalty units for such a contravention. 37 Transitional provision for Sustainable Planning and Other Legislation Amendment Act 2012 (1) Section 27 as amended by the Sustainable Planning and Other Legislation Amendment Act 2012, section 22B applies to an instrument relating to the sale of a proposed lot if— (a) the instrument is in force, and settlement has not been effected, immediately before commencement; or (b) the instrument is made on or after commencement. (2) Subsection (1)(a) applies— (a) regardless of whether the sunset period ended or ends before, on or after commencement; and (b) even if an action for specific performance of the purchaser's obligations under the instrument has been started by the vendor, but not completed, before commencement. (3) Subsections (1)(a) and (2) apply despite the Acts Interpretation Act 1954, section 20. (4) In this section— commencement means the commencement of the Sustainable Planning and Other Legislation Amendment Act 2012, section 22B. sunset period means the 31/2 year period mentioned in section 27(1)(b) or, if that period is extended by a regulation made under section 28, the extended period. - NOTES Page Date to which amendments incorporated 45 Key 46 Table of reprints 46 Tables in earlier reprints 47 List of legislation 47 List of annotations 51 List of forms notified or published in the gazette 57 Information about retrospectivity 57 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 15 February 2012. Future amendments of the Land Sales Act 1984 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 none 2 July 1993 20 July 1993 2 1995 Act No. 58 28 November 1995 6 June 1996 2A 1996 Act No. 56 20 November 1996 15 January 1997 3 1997 Act No. 40 25 August 1997 31 October 1997 3A 1997 Act No. 82 5 December 1997 16 December 1997 4 1997 Act No. 82 5 December 1997 23 March 1998 4A 1999 Act No. 63 10 March 2000 10 March 2000 4B 2001 Act No. 99 19 December 2001 2 January 2002 4C 2001 Act No. 99 1 March 2002 8 March 2002 4D 2002 Act No. 13 24 April 2002 3 May 2002 Reprint No. Amendments included Effective Notes 4E 2003 Act No. 64 16 October 2003 Reprint No. Amendments included Effective Notes 4F 2004 Act No. 11 1 July 2004 4G 2003 Act No. 70 1 August 2004 4H 2005 Act No. 14 22 April 2005 4I 2005 Act No. 24 31 May 2005 4J 2006 Act No. 10 15 March 2006 R4J withdrawn, see R5 5 — 15 March 2006 5A 2007 Act No. 24 1 July 2007 5B 2009 Act No. 36 18 December 2009 5C 2011 Act No. 44 6 December 2011 5D 2012 Act No. 3 15 February 2012 Name of table Reprint No. Changed citations and remade laws 2 Changed names and titles 2 Obsolete and redundant provisions 2 Renumbered provisions 1 (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) Retrospective amendments that have been consolidated are noted in the list of legislation and list of annotations. Any retrospective amendment that has not been consolidated is noted in an editor's note to the text. [../images/LandSalesA84-4.gif]