Victorian Current Acts Victorian Current ActsS. 108(1) amended by No. 9976 s. 11.
(1) Subject to this Act there shall be paid such fees as are prescribed.
S. 108(2) amended by Nos 7814 s. 5, 9861 s. 3(1), 128/1986 s. 12(h), 25/2023 s. 7(Sch. 1 item 28.4).
(2) In the case of land brought under this Act by alienation from His Majesty the price paid for such land shall for the purpose of ascertaining the assurance contribution be deemed to be the value thereof.
S. 108(3) amended by No. 9861 s. 3(1).
(3) The Registrar may grant any application or waive any requisition under this Act conditioned upon an assurance contribution of such sum as the Registrar certifies to be in his judgment a sufficient indemnity—
(a) by reason of the non-production of any document affecting the title, or the inability to obtain a consent serve a notice or comply with any requisition, or the imperfect nature of the evidence of title; or
S. 108(3)(b) amended by No. 9861 s. 3(1).
(b) as against any uncertain or doubtful claim or demand incident to or which may arise upon the title or any risk to which the Consolidated Fund may be exposed.
S. 108(4) amended by Nos 9861 s. 3(1), 18/1989 s. 12(Sch. 1 item 166), repealed by No. 85/1998 s. 15.
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S. 108(5) amended by No. 9861 s. 3(1).
(5) Notwithstanding anything in subsection (2) of this section, in the case of an application by an acquiring authority (within the meaning of Division four of Part IV) to bring land under this Act the value of such land at the date of acquisition shall be deemed to be the value thereof for the purposes of ascertaining the assurance contribution and other fees payable and, if the Registrar is of opinion that the granting of the application will not expose the Consolidated Fund to any risk, the acquiring authority shall not be required to make any assurance contribution.
S. 108(6) inserted by No. 128/1986 s. 7.
(6) Except for any contribution which the Registrar may require under subsection (3), no assurance contribution is payable after the commencement of this subsection in respect of the bringing of land under this Act, on application, by direction, or under a conversion scheme.
S. 108(7) inserted by No. 128/1986 s. 7.
(7) If—
(a) a person applied to bring land under this Act before the commencement of this subsection but the application had not been determined at that date of commencement; or
(b) a person applies to bring land under this Act after that date of commencement—
the Registrar need not require the applicant to pay an assurance contribution under subsection (3) if, considering how small the amount of the contribution is, the Registrar thinks it appropriate to do so.
S. 108(8) inserted by No. 57/1993 s. 20(1).
(8) The Registrar must not, under subsection (3), require the payment of an assurance contribution from an applicant for the registration of a plan under the Subdivision Act 1988 only because a consent to the registration of the plan required from a person is treated as being given on behalf of that person in the circumstances set out in section 22(1AB) or (1AC) of that Act.
S. 108(9) inserted by No. 80/2009 s. 60.
(9) If any application, dealing or other matter is withdrawn after lodgment of any instruments or documents in connection with the matter—
(a) the fees paid in respect of the matter are forfeited; and
(b) the Registrar may return all or any of the instruments and documents lodged in connection with the matter as the Registrar thinks fit.
S. 108(10) inserted by No. 80/2009 s. 60.
(10) If—
(a) the fees paid in respect of a matter are forfeited under subsection (9) or section 105; and
(b) a subsequent application is made—
(i) for the same purpose; or
(ii) in respect of any instrument or document that is relodged for registration—
the fee payable in respect of the application or relodgment is one-half of the fee otherwise payable.
No. 5842 s. 109.