Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 360B

360B Execution of deed by corporation sole or State after commencement of Justice Legislation (COVID-19 Emergency Response—Wills and Enduring Documents) Amendment Regulation 2020

(1) This section applies in relation to the execution of the following documents—

(a) a document that is to have effect as a deed for a corporation sole signed, during the transition period, by a person, or in a way, authorised by the Act or another document under which the corporation is established, incorporated or registered;

(b) a document that is to have effect as a deed for the State signed, during the transition period, by a person authorised to execute the document.

(2) The execution of the document is taken to be, and always to have been, as valid as if the new provisions were in effect during the transition period.

(3) Without limiting subsection (2)—

(a) anything done under or in relation to the document is, and was, as valid as if the new provisions had been in effect during the transition period; and

(b) the rights and liabilities of all persons under or in relation to the document are taken to be, and to have been, for all purposes the same as if the new provisions had been in effect during the transition period.

(4) Despite the COVID-19 Emergency Response Act 2020, section 5, if this section is inconsistent with the Justice Legislation (COVID-19 Emergency Response—Documents and Oaths) Regulation 2020, this section prevails to the extent of the inconsistency.

(5) In this section—

"new provisions" means—

(a) section 44, other than the following provisions—

(i) definition
"accepted method" , paragraph (c);

(ii) definition
"consent" ; and

(b) sections 45, 46B, 46D, 46F(2A), (3) and (6), 46GA and 46H; and

(c) section 46C, but subject to the word ‘clear’ in section 46C(1)(b) being taken to be a reference to the word ‘conspicuous’.

"transition period" means the period—

(a) starting on the commencement of the Justice Legislation (COVID-19 Emergency Response—Wills and Enduring Documents) Amendment Regulation 2020 ; and

(b) ending immediately before the commencement of this section.