Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 161

161 Execution and proof

(1) For a corporation, an instrument is validly executed if—

(a) it is executed in a way permitted by law; or

(b) the instrument is sealed with the corporation’s seal in accordance with the Property Law Act 1974 , section 46F .

(2) For an individual, an instrument is validly executed if—

(a) it is executed in a way permitted by law; and

(b) the execution is witnessed by a person mentioned in schedule 1 .

(3) However, the registrar may, in exceptional circumstances, register an instrument executed by an individual even though the execution was not witnessed or was not witnessed by a person mentioned in schedule 1 .

(3A) If an instrument is executed by a legal practitioner authorised by a transferee or a person in whose favour an interest is created, the execution need not be witnessed.

(4) The witnessing of an instrument may be proved in any way permitted by law.

(5) This section does not apply to a plan of survey.

Note—

Under the Electronic Conveyancing National Law (Queensland) , section 9 (3) (b) , if a registry instrument is digitally signed in accordance with the participation rules applicable to the instrument, the requirements of any other Queensland law relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.