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CONVEYANCING (AMENDMENT) BILL 1992
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The Liens on Crops and Wool and Stock Mortgages (Amendment) Bill 1992 and the
Bills of Sale (Amendment) Bill 1992 are cognate with this Bill.
The object of this Bill is to amend the Conveyancing Act 1919 so that entries of the
kind at present made, and instruments of the kind at present kept, in certain registers
other than the General Register of Deeds ("the General Register") will in future be
made or kept in the General Register. Those other registers are:
(a) the register of causes, writs and orders kept under Division 2 of Part 23 of the
principal Act; and
(b) the Register of Resumptions kept under section 196A of the Principal Act; and
(c) the registerskept under the Liens on Crops and Wool and Stock Mortgages Act
1898; and
(d) the register kept under the Bills of Sale Act 1898.
Each of those registers in its existing form will also become part of the General
Register on the commencement of the amendments proposed for the Act under which
the register is kept at present.
The Bill also provides for the inclusion in the General Register of distinctively
numbered forms of covenants any of which, by reference to its number, may be adopted
with or without amendment for inclusion in an instrument
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the proposed Act to commence on a day or days to be
appointed by proclamation.
Clause 3 provides for amendment of the Principal Act as set out in Schedules 1-3.
SCHEDULE l--AMENDMENTS TO PART 23, DIVISION 1
Schedule 1 (1) explains references in Division 1 of Part 23 to registration copies.
These are copies of original instruments and they are made for inclusion in the General
Register.
Schedule 1 (2) makes an amendment under which an instrument that relates only to
land under the Real Property Act 1900 will no longer be registrable in the General
Register.
Schedule 1 (3) makes provision for the inclusion in the General Register o f
(a) current and future entries of matters that may at present be entered in the
register of causes, writs and orders; and
(b) current and future entries of matters that may at present be entered in the
Register of Resumptions; and
(c) copies of current and future liens on crops and wool, and current and future
stock mortgages; and
(d) copies of current and future bills of sale; and
(e) standard forms of covenants referred to in Division 5 of Part 6.
Schedule 1 (4) enables the Registrar-General to refuse to accept an instrument for
registration in the General Register unless it is accompanied by a certificate in a form
approved by the Registrar-General.
Schedule 1 (5) provides for registration of an instrument (other than a trader's bill of
sale) in the General Register after the commencement of the proposed Act to be effected
when the Registrar-General allocates to it a distinctive reference signifying its
registration. The registration of a trader's bill of sale is dealt with in the cognate Bills of
Sale (Amendment) Bill 1992.
Schedule 1 (6) sets out the circumstances in which the Registrar-General may
destroy a document forming part of the General Register.
SCHEDULE 2--AMENDMENTS TO PART 23, DIVISION 2
Schedule 2 (1) makes a consequential amendment.
Schedule 2 (2) omits section 185 which establishes the register of causes, writs and
orders affecting land. This register is to be discontinued and its place taken by the
General Register. Entries already made in the register before it is discontinued will be
transferred to the General Register.
The other items in Schedule 2, except Schedule 2 (7) and (9), make consequential
amendments and substitute "current legal proceedings" for the Latin expression "lis
pendens".
Schedule 2 (7) inserts new section 190A which provides for the vacation of
registration of causes, writs and orders affecting land.
Schedule 2 (9) provides for references in other Acts to the register of causes, writs
and orders affecting land to be read as references to the General Register of Deeds.
Schedule 3
( 1 ) inserts definitions of "Approved form" and "General Register of
Deeds".
Schedule 3 (2) and (3) make consequential amendments.
Schedule 3 (4) inserts new Division 5 of Part 6 (sections 89A-89C) dealing with
standard forms of covenants that may be registered in the General Register and included
in instruments, with or without amendments, by reference to the registered form.
Schedule 3 (5) and (6) make consequential amendments.
Schedule 3 (7) excludes from the errors in official searches for which the
Registrar-General may be liable those occurring in a certificate given to the
Registrar-General as referred to above in relation to Schedule 1 (4).
Schedule 3 (8) removes the present restriction limiting register indexes to
alphabetical indexes in a prescribed form and enables the Registrar-General to provide a
copy of the whole or part of an index. It also absolves the Registrar-General from any
liability for errors in the index or a copy that occur in a certificate given to the
Registrar-General as referred to in relation to Schedule 1 (4).
Schedule 3 (9) substitutes "current legal proceedings" for the Latin expression "lis
pendens".
Schedule 3 (10) authorises the making of regulations of a savings or transitional
nature as a consequence of the enactment of the proposed Act.