Victorian Current Acts Victorian Current Acts(1) Any of the following persons is entitled under this Part to have land brought under this Act—
(a) the person claiming to be the owner of the fee simple either at law or in equity;
(b) persons who collectively claim to be the owners of the fee simple either at law or in equity;
(c) persons who have the power of appointing or disposing of the fee simple;
(d) trustees for the sale of the fee simple, but where any previous consent to their selling is requisite the proposal to bring land under this Act must first be consented to by the persons required to give that consent;
(e) the guardian of any minor or administrator of any represented person if the guardian or administrator directs that the minor or represented person is to be recorded as the registered proprietor on the relevant folio of the Register;
(f) a tenant for life within the meaning of the Settled Land Act 1958 , if the tenant for life directs that the trustees of the settlement within the meaning of that Act are to be recorded as registered proprietor on the relevant folio of the Register and the trustees consent to the proposal to bring the land under this Act.
(2) Despite subsection (1)—
(a) a mortgagor is not entitled to apply under section 14, 15 or 23 to bring land under this Act unless the mortgagee consents to the application; and
S. 10(2)(b) amended by No. 80/2009 s. 5.
(b) a mortgagee is not entitled to lodge a deed, conveyance or instrument under section 22 or apply under section 14, 15 or 23 to bring land under this Act unless—
(i) in the case of the exercise of a power of sale, there is a direction that the relevant folio of the Register is to be created in the purchaser's name; and
(ii) in any other case, there is a direction that the relevant folio of the Register is to be created in the mortgagor's name.
S. 11 substituted by No. 85/1998 s. 6.