Western Australian Current Acts Western Australian Current Acts In this Part, unless
the contrary intention appears —
ADI means an authorised deposit-taking institution
as defined in the Banking Act 1959 (Commonwealth) section 5(1);
approved form means a form approved by the
Registrar of Titles;
deposit holder means a person —
(a) who
accepts or holds any deposit or other amount for and on behalf of one or more
of the parties to a contract for the sale of land; and
(b) who
is any of the following —
(i)
a legal practitioner;
(ii)
a real estate agent;
(iii)
a settlement agent;
future lot contract means an executory contract
for the sale and purchase of one or more lots to be created by subdivision
where the vendor is a person —
(a) who
is not the proprietor of the lot or lots to which the contract relates; but
(b) who
will become, or will be entitled to become, the proprietor of that lot or
those lots;
lot means —
(a) a
lot within the meaning of —
(i)
the Planning and Development Act 2005 ; or
(ii)
the Community Titles Act 2018 ; or
(iii)
the Strata Titles Act 1985 ;
or
(b) an
area of land represented, by or on behalf of a person attempting to promote
the sale of the area of land, to be an area of land that will constitute a lot
in a subdivision or proposed subdivision;
proprietor has the same meaning as it has in
section 4 of the Transfer of Land Act 1893 ;
real estate agent means a person who is licensed
as a real estate agent under the Real Estate and Business Agents Act 1978 ;
Registrar of Titles means the person designated
for the time being as the Registrar of Titles under the
Transfer of Land Act 1893 section 7;
sell includes —
(a) for
valuable consideration —
(i)
assign an interest in;
(ii)
assign the benefit of a contract relating to;
(iii)
confer a right to purchase, to acquire an interest in, or
to acquire the benefit of a contract relating to;
and
(b)
offer, hold oneself out or advertise as being willing, or agree to sell or,
for valuable consideration, to do as mentioned in paragraph (a)(i), (ii) or
(iii),
and selling and sold include corresponding
meanings;
settlement agent means a person who is licensed as
a settlement agent under the Settlement Agents Act 1981 ;
subdivision means an area of land subdivided into
lots;
vendor’s condition has the meaning given in
section 13B(1);
working day means a day other than a Saturday, a
Sunday or a public holiday.
[Section 11 amended: No. 38 of 2005 s. 15; No. 38
of 2016 s. 6; No. 30 of 2018 s. 186; No. 32 of 2018 s. 244; No. 9 of 2022 s.
424.]
[ 12. Deleted: No. 40 of 1985 s. 4.]