Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 57A

57A Effect of Act or statutory instrument

(1) A statutory instrument, other than prescribed subordinate legislation, does not and can not—

(a) render void or unenforceable any contract or dealing concerning property that is made, entered into or effected contrary to the statutory instrument; or

(b) for a contract for the sale of land—give a party to the contract a right to terminate the contract for a failure by another party to the contract to comply with the statutory instrument.

(2) Where an Act or statutory instrument requires that a certificate, consent or approval relating to any contract or dealing with property (by sale, lease, mortgage or otherwise) be obtained or tendered before or at the time the contract is entered into or the time of the dealing, then, in the absence of greater particularity as to that time in the Act or instrument, it shall be sufficient compliance with that requirement if the certificate, consent or approval is obtained or tendered as required at or immediately before—

(a) in the case of a sale—settlement; and

(b) in the case of a lease—the lessee’s entry into possession under the lease; and

(c) in the case of a mortgage—the mortgagor’s accepting liability under the mortgage; and

(d) in the case of any other dealing—its finalisation.

(3) In this section—

"prescribed subordinate legislation" means subordinate legislation that is prescribed by regulation.

Note—

See section 357 in relation to the application of this section.