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PROPERTY LAW ACT 1974 - SCHEDULE 6

SCHEDULE 6 – Dictionary


"accepted method" , for electronically signing a document, for part 6 , division 1 , see section 44 .

"account of a de facto proceeding" , for part 19 , see section 268 .

"assurance" includes a conveyance and a disposition made otherwise than by will.

"backward person" ...

"bank" ...

"bankrupt" ...

"bankruptcy" includes any act or proceeding in law having under any Act or Commonwealth Act effects or results similar to those of bankruptcy, and includes the winding-up of an insolvent company.

"child" of de facto partners, for part 19 , see section 259 .

"Coal Mining Act" means the Coal Mining Safety and Health Act 1999 .

"cohabitation agreement" , for part 19 , see section 264 .

"commencement of this Act" means the commencement of this Act other than part 18 , division 4 .

"Commonwealth Act" , for part 19 , see section 259 .

"consent" , for part 6 , division 1 , see section 44 .

"conveyance" includes a transfer of an interest in land, and any assignment, appointment, lease, settlement, or other assurance in writing of any property.

"conveyancing transaction" , for part 6 , division 3 , see section 58A .

"copy" , of an electronic document, for part 6 , division 1 , see section 44 .

"counterpart" , for a document, for part 6 , division 1 , see section 45 .

"court" means—

(a) for part 19 —a court having jurisdiction under the part; and
Note—
See section 329 .
(b) otherwise—the Supreme Court.

"court document" , of a proceeding, for part 19 , see section 259 .

"deed" includes an instrument having under this or any other Act the effect of a deed.

"de facto partner" , for part 19 , see section 260 .

"de facto relationship" , for part 19 , see section 261 .

"de facto spouse" ...

"department" ...

"disposition" includes a conveyance, vesting instrument, declaration of trust, disclaimer, release and every other assurance of property by an instrument except a will, and also a release, devise, bequest, or an appointment of property contained in a will.

"District Court" means the District Court or the District Court judge.

"document" , for part 6 , division 1 , see section 44 .

"e-conveyance" , for part 6 , division 3 , see section 58A .

"e-conveyancing" , for part 6 , division 3 , see section 58A .

"electronically sign" , a document, for part 6 , division 1 , see section 44 .

"electronic document" , for part 6 , division 1 , see section 44 .

"electronic workspace" , for part 6 , division 3 , see section 58A .

"ELN" , for part 6 , division 3 , see section 58A .

"encumbrance" includes a mortgage in fee or for a lesser estate or interest, and a trust for securing money, and a lien and a charge of a portion, annuity or other capital or annual sum.

"encumbrancee" has a meaning corresponding with that of encumbrance, and includes every person entitled to the benefit of an encumbrance, or to require payment or satisfaction of an encumbrancee.

"financial matters" , for part 19 , see section 262 .

"financial resources" , for part 19 , see section 263 .

"financial settlement" , for part 6 , division 3 , see section 58A .

"fine" includes premium or foregift, and any payment, consideration, or benefit in the nature of a fine, premium or foregift.

"Housing Act" means the Housing Act 2003 .

"Imperial Act" means any statute law in force in the realm of England on 25 July 1828.

"income" , when used with reference to land, includes rents and profits.

"information" , for part 6 , division 1 , see section 44 .

"instrument" includes deed, will, and Act.

"instrument of subordinate legislation" ...

"intellectually disabled citizen" ...

"land" ...

"Land Act" means the Land Act 1994 .

"land titles legislation" , for part 6 , division 3 , see section 58A .

"land under the provisions of the Land Act" , or any equivalent expression, means estates, interests, or any other rights in or in respect of land, granted, leased, or granted in trust or reserved and set aside under that Act but does not include registered land or unregistered land.

"land under the provisions of the Real Property Acts" ...

"lease" ...

"lessee" ...

"lessor" ...

"local authority" ...

"Mineral Resources Act" means the Mineral Resources Act 1989 .

"Miners’ Homestead Leases Act" ...

"Mining Act" ...

"monetary limit" , for part 19 , see section 259 .

"mortgage" includes a charge on any property for securing money or money’s worth.

"mortgagee" includes any person from time to time deriving title to the mortgage under the original mortgagee.

"mortgagee in possession" means a mortgagee who in right of the mortgage has entered into and is in possession of the mortgaged property.

"mortgage-money" means money or money’s worth secured by a mortgage.

"mortgagor" includes any person from time to time deriving title to the equity of redemption under the original mortgagor, or entitled to redeem a mortgage, according to the mortgagor’s estate, interest, or right in the mortgaged property.

"National Law" , for part 6 , division 3 , see section 58A .

"nomination of trustees" ...

"notice" includes constructive notice.

"order" includes judgment and decree of a court.

"participating subscriber" , for part 6 , division 3 , see section 58A .

"patient" ...

"physical document" , for part 6 , division 1 , see section 44 .

"possession" , when used with reference to land, includes the receipt of income from land.

"president of the Law Society" means the president for the time being of the Queensland Law Society Incorporated constituted under the Queensland Law Society Act 1952 .

"property" ...

"property adjustment order" , for part 19 , means an order under section 286 .

"Public Curator" ...

"Public Trustee" ...

"publish" , for part 19 , see section 267 .

"purchaser" means a purchaser for valuable consideration, and includes a lessee, mortgagee, or other person who for valuable consideration acquires an interest in property.

"Real Property Acts" ...

"recognised agreement" , for part 19 , see section 266 .

"registered" means the making or recording by proper authority in the appropriate register (if any) or other book, instrument or document of such entries, endorsements, particulars or other information as may be requisite for recording a dealing or other transaction with respect to land.

"registered land" means land under the provisions of the Land Title Act 1994 .

"registrar" means the registrar of titles.

"Registrar of Dealings" ...

"rent" includes yearly or other rent, toll, duty, royalty, or other reservation by the acre, hectare, the ton, tonne or otherwise.

"sale" means only a sale properly so called.

"seal" , of a corporation, for part 6 , division 1 , see section 44 .

"secretary" , of a corporation, for part 6 , division 1 , see section 44 .

"securities" include stocks, funds, and shares.

"separation agreement" , for part 19 , see section 265 .

"settlement" , of a sale of land or a contract for the sale of land, see section 58B .

"sign" , a document, for part 6 , division 1 , see section 44 .

"State Housing Act" ...

"subscriber" , for part 6 , division 3 , see section 58A .

"title deed" includes a certificate of title to, or deed of grant in respect of, registered land.

"titles registry fee" , for a matter mentioned in a provision of this Act, means the fee payable for the matter under section 350A .

"trustee corporation" means the public trustee and any corporation authorised by the Trustee Companies Act 1968 to administer the estates of deceased persons and other trust estates.

"unregistered land" means land that has been granted in fee simple and is not registered land or land granted in trust under the Land Act.

"valuable consideration" includes marriage but does not include a nominal consideration in money.

"warden" has the meaning given by the Mineral Resources Act 1989 .

"will" ...



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