Victorian Current Acts Victorian Current Acts(1) Where—
(a) this section provides that a reference to an expression is to be construed in a particular way; and
(b) the expression is used in—
(i) an Act other than this Act; or
(ii) an instrument (including a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 ) made under an Act other than this Act; or
(iii) any document whatever—
in relation to a matter arising under this Act, but the expression is not defined—
the reference is to be construed as provided in this section, unless inconsistent with the context or subject-matter.
(2) Where this section provides that a reference to one matter is to be construed as including a reference to another matter, the reference is to be so construed whether that other matter arose or arises before, on or after the date of commencement of this section.
(3) In—
(a) this Act; and
(b) an instrument (including a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 ) made under this Act; and
(c) a provision of a document that relates to a matter under this Act—
a reference—
(d) to the Register includes a reference to the Register Book consisting of original registered Crown grants, original registered certificates of title and registered instruments; and
(e) to a folio of the Register includes a reference to a folium of the Register Book constituted by a certificate of title in or to the effect of the form in Part I of the Fifth Schedule as in force immediately before that date of commencement, or by a Crown grant; and
(f) to the creation of a folio of the Register includes a reference to the registration of a certificate of title in or to the effect of the form of Part I of the Fifth Schedule as in force immediately before that date of commencement, or the registration of a Crown grant; and
S. 27F(3)(g) amended by No. 80/2009 s. 16(a).
(g) to the registration of an instrument includes a reference to the making of an entry in, or the entering of an endorsement or memorandum in, the Register Book or on a registered instrument; and
(h) to recordings or amendments in the Register includes a reference to the making or altering of recordings in, or the deletion of recordings from the Register and the creation, substitution or deletion of folios of the Register; and
(i) to the deletion of a folio from the Register includes a reference to the cancellation of a folium of the Register constituted by a Crown grant or by a certificate of title in or to the effect of the form in Part I of the Fifth Schedule as in force immediately before the date of commencement of this section; and
(j) to the making of a recording in the Register includes a reference to—
(i) the making of an entry or the entering of a memorandum in the Register Book; or
S. 27F(3)(j)(ii) amended by No. 80/2009 s. 16(b).
(ii) the making of an endorsement, memorandum or entry on a registered instrument; and
(k) to a distinctive identifying reference of a folio of the Register includes a reference to the volume and folio number allocated to a folium of the Register Book; and
(l) to an ordinary folio includes a reference to a certificate of title in the form of Part I of the Fifth Schedule as in force immediately before the date of commencement of this section; and
(m) to a qualified folio includes a reference to a certificate of title in the form of Part I of the Fifth Schedule as in force immediately before the date of commencement of this section, on which there is noted a warning in the form of Part III of that Schedule, a warning in the form of Part IV of that Schedule or both those warnings; and
(n) to a limited folio includes a reference to—
(i) a certificate of title in the form of Part II of the Fifth Schedule as in force immediately before the date of commencement of this section; and
(ii) a certificate of title in the form of Part I of the Fifth Schedule as in force immediately before the date of commencement of this section that includes a limitation in the form of Part II of that Schedule as in force on or after that date; and
S. 27F(3)(o) amended by No. 80/2009 s. 16(c).
(o) to the deletion of a recording from the Register includes a reference to the cancellation of any entry, memorandum or endorsement in the Register Book; and
(p) to the production of a certificate of title includes a reference to the issue of a duplicate Crown grant or a duplicate certificate of title in the form of Part I of the Fifth Schedule as in force immediately before that date of commencement; and
(q) to a certificate of title includes a reference to—
(i) the duplicate of a certificate of title in the form of Part I of the Fifth Schedule as in force immediately before the date of commencement of this section; and
(ii) the duplicate of a registered Crown grant; and
(r) to creating a folio of the Register by recording a description of land and allocating a distinctive identifying reference to that recording, includes a reference to reserving a folium in the Register Book.
S. 27G inserted by No. 18/1989 s. 7 (as amended by No. 48/1991 s. 71).