Queensland Numbered Acts

PROPERTY LAW ACT 2023

- As at 2 November 2023
- Act 27 of 2023

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement

           Division 2 - Application of Act

   3.      Act binds all persons
   4.      Act applies to land, property and documents
   5.      Relationship with other Acts

           Division 3 - Interpretation

   6.      Dictionary

   PART 2 - GENERAL RULES AFFECTING PROPERTY

           Division 1 - Requirement for writing

   7.      Contracts for disposition of land not enforceable unless in writing
   8.      Writing required for creation of particular interests in land
   9.      Nature of interest in land created by parol
   10.     Particular matters not affected

           Division 2 - Other rules

   11.      Transfer or lease to self and others
   12.     Merger of estate

   PART 3 - FREEHOLD ESTATES

   13.     Freehold estates capable of creation
   14.     Abolition of obsolete estates and rules
   15.     Abolition of incidents of tenure for benefit of State
   16.     Abolition of quit rent
   17.     Abolition of escheat for dissolved corporation
   18.     Waiver by State of any remaining rights to property by escheat
   19.     Voluntary waste or equitable waste by life tenant
   20.     Recovery of property when life estate ends
   21.     Penalty for holding over possession after life estate ends

   PART 4 - FUTURE INTERESTS

   22.     Creation of future interests in land
   23.     Creation and disposition of interests in property
   24.     When gift over stops being capable of taking effect

   PART 5 - CO-OWNERSHIP OF PROPERTY

           Division 1 - General rules

   25.      Forms of co-ownership
   26.     Corporation may hold property as joint tenant
   27.     Liability of co-owners to account
   28.     Construction of disposition of property to 2 or more persons
   29.     Tenants in common of equitable interest who become entitled to legal interest

           Division 2 - Sale and division of co-owned property

              Subdivision 1 - Preliminary

   30.     Definitions for division
   31.     Other forms of severance not affected
   32.     Security interests not affected

              Subdivision 2 - Sale and division

   33.     Application to court for sale or division of co-owned property
   34.     Orders court may make
   35.     Sale and division of proceeds to be preferred
   36.     Order varying entitlements to property
   37.     Order appointing trustee
   38.     Vesting of property in trustee
   39.     Other orders court may make
   40.     Orders for compensation and accounting

              Subdivision 3 - Accounting of amounts received by co-owners

   41.     Application to court for accounting
   42.     Orders court may make

              Subdivision 4 - Miscellaneous matters

   43.     Adjournment or stay of co-ownership proceeding—family law proceeding

   PART 6 - DEEDS AND COVENANTS

           Division 1 - Deeds

              Subdivision 1 - Preliminary

   44.     Definitions for division
   45.     What is a counterpart for a document
   46.     Division does not apply to enduring documents
   47.     Application of division to powers of attorney
   48.     Execution of documents under other Acts

              Subdivision 2 - Form and execution

   49.     How deed is made generally
   50.     Electronic document and electronic signing
   51.     Execution by individual
   52.     Execution by corporation
   53.     Execution by partnership or unincorporated association
   54.     Execution by the State
   55.     Signing counterpart or true copy

              Subdivision 3 - Miscellaneous matters

   56.     Delivery
   57.     Receipt in body of deed sufficient
   58.     Deposit of deed in registry
   59.     Protection for third parties
   60.     Abolition of rule in Pigot’s case

           Division 2 - Covenants

   61.     Construction of expressions used in deeds and other documents
   62.     Implied covenants may be negatived
   63.     Covenants and agreements made by person with self and others
   64.     Covenants relating to land bind successors
   65.     Particular covenants in registered easements bind successors
   66.     No right to register restrictive covenant

   PART 7 - CONTRACTS, SALES OF LAND, INSTALMENT CONTRACTS AND SELLER DISCLOSURE FOR SALES OF LOTS

           Division 1 - Contracts

   67.     Effect of joint promises and liabilities
   68.     Contract containing promise for benefit of third party
   69.     Guarantee not enforceable unless in writing
   70.     Effect of conclusive evidence provision
   71.     Effect on contract of non-compliance with statutory instrument
   72.     Effect of statutory requirement for certificate
   73.     Stipulations not of essence of contract

           Division 2 - Sales of land

   74.     Definitions for division
   75.     Reference to settlement of sale of land using e-conveyancing
   76.     Implied conditions
   77.     Buyer may rescind contract if residential dwelling unfit for occupation
   78.     When day of settlement is next business day
   79.     Effect of inoperative computers in office of the land registry on day of settlement
   80.     Effect of inoperative computers in particular entities on day of settlement
   81.     Effect of adverse event on day of settlement
   82.     Direction for payment given by seller’s authorised agent sufficient discharge of buyer
   83.     Buyer may recover damages if defective title
   84.     Buyer may recover deposit and instalments if defective title but no rescission
   85.     Seller may forfeit deposit of no more than 20 per cent if buyer breaches contract for sale of proposed lot
   86.     When statutory right of termination on settlement ends if e-conveyance

           Division 3 - Instalment contracts for sale of land

   87.     Definitions for division
   88.     Application of division
   89.     What is an instalment contract
   90.     When buyer must give seller notice to constitute contract an instalment contract
   91.     Restriction on seller’s right to termination if buyer defaults on payment of instalment
   92.     Seller can not sell or mortgage land
   93.     Buyer may lodge caveat
   94.     Buyer not in default may require seller to transfer land

           Division 4 - Seller disclosure for sales of lots

              Subdivision 1 - Preliminary

   95.     Definitions for division
   96.     When buyer and seller are related
   97.     References to things done by or in relation to buyer or seller
   98.     Contracting out prohibited

              Subdivision 2 - Disclosure requirement

   99.     Seller must give buyer disclosure documents
   100.    Exceptions to requirement
   101.    How disclosure documents to be given
   102.    Electronic communication of disclosure documents
   103.    Giving of disclosure documents to buyer who is not registered as bidder until after start of auction

              Subdivision 3 - Termination by buyer

   104.    Buyer may terminate contract if seller fails to disclose or makes inaccurate disclosure
   105.    Seller must repay amounts to buyer on termination
   106.    No other remedy if prescribed certificate contains inaccurate information given by body corporate or other entity

              Subdivision 4 - Miscellaneous matters

   107.    Original owner of lot in community titles scheme must give statement describing power of attorney

   PART 8 - MORTGAGES

           Division 1 - Preliminary

   108.    Definition for part
   109.    Application of part

           Division 2 - General rules

   110.     Variation of mortgage
   111.    Effect of advance out of joint account
   112.    Mortgages lodged electronically

           Division 3 - Powers and rights of mortgagees

   113.    Implied powers of mortgagee
   114.    Restriction on exercise of power of sale
   115.    Power of sale if disclaimer of onerous property
   116.    Duty to sell at market value
   117.    Protection of buyer
   118.    Application of proceeds of sale
   119.    Other matters relating to power of sale
   120.    Receipt of mortgagee sufficient discharge
   121.    Insurance of mortgaged property
   122.    Application of insurance money
   123.    Appointment of receiver
   124.    Judgment debt does not permit seizure
   125.    Subsequent mortgage does not affect first mortgage
   126.    When further advance ranks in priority to subsequent mortgage

           Division 4 - Obligations and rights of mortgagors

   127.    Contracting out prohibited
   128.    Implied obligations of mortgagor
   129.    Right to obtain copy of documents in possession of mortgagee
   130.    Right to relief against payment of accelerated sum
   131.    Right to relief against payment of overdue principal amount if payment of interest accepted
   132.    Right to require transfer of mortgage instead of discharge
   133.    Abolition of consolidation of mortgages

           Division 5 - Proceedings

   134.    Court may order sale of mortgaged property in proceeding for redemption or foreclosure
   135.    Realisation of equitable mortgage of land
   136.    Facilitation of redemption in case of absent or unknown mortgagee

   PART 9 - LEASES

           Division 1 - Preliminary

   137.    Definition for part

           Division 2 - General rules

   138.     Lease for term of years may take effect without entry into possession
   139.    Implied terms

           Division 3 - Transfer of reversion of lease

   140.    Effect of transfer of reversion of lease by lessor
   141.    Payment of rent or other amount without notice of transfer of reversion

           Division 4 - Dealings with leases

   142.    Effect of requirement in lease for consent of lessor to assign lease or take other action
   143.    Effect of assignment of lease by lessee to assignee
   144.    Effect of assignment of lease by transferee to subsequent transferee
   145.    Effect of surrender or merger of lease
   146.    Effect of reconfiguration of land
   147.    Head lease may be surrendered and new head lease granted without affecting other rights and obligations
   148.    Involuntary transmission not breach of lease

           Division 5 - Relief

              Subdivision 1 - Preliminary

   149.    Definition for division
   150.    Application of division
   151.    Contracting out prohibited

              Subdivision 2 - Relief against forfeiture for breach of term of lease

   152.    Definitions for subdivision
   153.    Lessor must give lessee notice to remedy breach
   154.    Lessor must give copy of notice to designated persons
   155.    Acceptance of rent paid by lessee in possession not waiver of lessor’s rights
   156.    Notice to remedy breach not required if lessee has given up possession
   157.    How lessor may exercise right of re-entry
   158.    Powers of court in making order for possession
   159.    Lessor’s claim for damages not affected
   160.    Proceedings for relief against forfeiture
   161.    Application for relief against forfeiture not admission
   162.    Powers of court in making order for relief against forfeiture

              Subdivision 3 - Relief against refusal to renew, or extend term of, or sell reversion of, lease

   163.    Definitions for subdivision
   164.    When lessor may refuse to renew, or extend term of, or sell reversion of, lease
   165.    Lessor must give copy of notice to designated persons
   166.    Proceedings for relief against refusal
   167.    Powers of court in making order for relief against refusal

           Division 6 - Apportionment of rent

   168.    Apportionment in respect of time
   169.    Payment and recovery of apportioned part of rent

           Division 7 - Termination of particular leases

   170.    Definitions for division
   171.    Contracting out permitted
   172.    Meaning of lease terminable at will
   173.    What is a termination notice
   174.    Termination of lease terminable at will
   175.    Termination of periodic tenancy
   176.    Termination of other tenancies

           Division 8 - Miscellaneous matters

   177.    Effect of waiver
   178.    Limitation on award of damages for breach of obligation to repair

   PART 10 - NEIGHBOURING LAND

           Division 1 - Support for land

   179.    Duty of care in relation to support for land

           Division 2 - Easements and rights of use

   180.    Power of court to impose statutory right of use
   181.    Power of court to modify or extinguish easement or covenant
   182.    No interest created by prescription

           Division 3 - Encroachment of buildings

   183.    Definitions for division
   184.    Relationship with other Acts
   185.    Proceedings for relief
   186.    Minimum compensation

           Division 4 - Improvements under mistake of title

   187.    Relationship with other Acts
   188.    Proceedings for relief

   PART 11 - TRANSACTIONS

           Division 1 - Assignment of debts or things in action

   189.    Definitions for division
   190.    Assignment of debt or legal thing in action
   191.    Discharge of debt or legal thing in action when no actual notice of assignment
   192.    Assignment in equity

           Division 2 - Dispositions to defraud creditors

   193.    Disposition with intent to defraud creditor voidable

   PART 12 - POWERS OF APPOINTMENT

   194.    When exercise of power of appointment valid
   195.    Appointment among 2 or more objects
   196.    Protection of buyer if invalid appointment
   197.    Release and disclaimer of power

   PART 13 - PERPETUITIES

           Division 1 - Preliminary

   198.    Definitions for part
   199.    When disposition in will made

           Division 2 - General rules

   200.     Abolition of rule against perpetuities
   201.    What is the perpetuity period
   202.    Vesting of trust property
   203.    Wait and see rule

           Division 3 - Trust saving devices

   204.    Reduction of age to ensure disposition within perpetuity period
   205.    Exclusion of class members to ensure disposition within perpetuity period
   206.    Acceleration of prior disposition to ensure subsequent disposition within perpetuity period

           Division 4 - Ambit of perpetuity period

   207.    Non-charitable purpose trust
   208.    Powers of appointment
   209.    Conditions precedent and conditions subsequent
   210.    Determinable interests
   211.    Accumulation of income
   212.    Particular trusts, powers and funds
   213.    Commercial arrangements
   214.    Gift over from charity to charity
   215.    Particular matters relating to land

           Division 5 - Variation of vesting date

   216.    Variation of trust to opt in to 125-year perpetuity period if trustee has power of variation
   217.    Variation of trust to opt in to 125-year perpetuity period if trustee does not have power of variation

           Division 6 - Applications to court

   218.    Application to court for declaration of validity
   219.    Application to court to opt in to 125-year perpetuity period

   PART 14 - CORPORATIONS SOLE AND PARTICULAR BODIES CORPORATE

   220.    Perpetual succession of corporation sole
   221.    Constitution of corporation sole
   222.    Effect of transaction if temporary vacancy in particular bodies corporate
   223.    Powers of particular corporations
   224.    Appointment of administrator if particular corporations incapable of acting

   PART 15 - UNREGISTERED LAND

   225.    Registrar must give public notice if request to register unregistered land
   226.    Registrar must give public notice if registrar believes land unregistered
   227.    Registrar may hold inquiry
   228.    Obligations of registrar

   PART 16 - GENERAL

           Division 1 - Service

   229.    Application of division
   230.    Relationship of division with other matters
   231.    General requirements for service
   232.    Individual absent from State or deceased
   233.    Electronic communication

           Division 2 - Miscellaneous

   234.    Approved forms
   235.    Regulation-making power
   236.    Transitional regulation-making power

   PART 17 - REPEAL

   237.    Repeal of Property Law Act 1974

   PART 18 - SAVINGS AND TRANSITIONAL PROVISIONS

           Division 1 - Preliminary

   238.    Application of Acts Interpretation Act 1954
   239.    Definitions for part

           Division 2 - Savings provisions

   239A.   Express references to general law of agency
   240.    Saving of abolition or modification of common law provided for in repealed Act
   241.    Saving of abolition of common law rule that alien can not take, give, buy or sell property
   242.    Particular provisions do not apply in relation to matters that happened before 1 December 1975

           Division 3 - Transitional provisions

   243.    Waiver of State’s rights to property by escheat on death intestate of person before commencement
   244.    Liability of co-owner of property to account for interest in property arising before commencement
   245.    Abolition of rule in Pigot’s case
   246.    Covenant or agreement made by person with self and others before commencement
   247.    Particular covenants in registered easements created before commencement
   248.    Effect of inoperative computers in office of the land registry on day of settlement on contract entered into before commencement
   249.    Effect of inoperative computers in particular entities on day of settlement on contract entered into before commencement
   250.    Effect of adverse event on day of settlement on contract entered into before commencement
   251.    Seller disclosure for sales of lots
   252.    Mortgagee’s power of sale in relation to disclaimed property mortgaged before commencement
   253.    Court may order sale of mortgaged property in proceeding for redemption or foreclosure started before commencement
   254.    Realisation of equitable mortgage in proceeding started before commencement
   255.    Dealings with leases entered into before commencement
   256.    Relief in relation to leases entered into before commencement
   257.    No interest created by prescription before commencement
   258.    Disposition with intent to defraud creditor before commencement
   259.    Powers of appointment over property created before commencement

   PART 19 - AMENDMENT OF ACTS

           Division 1 - Amendment of this Act

   260.    Act amended
   261.    Amendment of long title

           Division 2 - Amendment of Body Corporate and Community Management Act 1997

   262.    Act amended
   263.    Amendment of s 205 (Information to be given to interested persons)
   264.    Insertion of new s 205AAA
   265.    Amendment of s 205A (Definitions for ch 5)
   266.    Amendment of s 205C (References to disclosure statement)
   267.    Omission of ss 206–209
   268.    Omission of s 211 (Restriction on powers of attorney in favour of original owner)
   269.    Amendment of s 213 (Information to be given by seller to buyer)
   270.    Insertion of new s 214A
   271.    Insertion of new ch 8, pt 15
   272.    Amendment of sch 6 (Dictionary)

           Division 3 - Amendment of Building Units and Group Titles Act 1980

   273.    Act amended
   274.    Amendment of s 40 (Supply of information, certificates and copies by body corporate)
   275.    Insertion of new s 40AA
   276.    Amendment of pt 4, div 3, hdg (Sale of lots and proposed lots)
   277.    Amendment of s 48E (References to disclosure statement)
   278.    Amendment of s 48F (References to things done by or in relation to original proprietor or purchaser)
   279.    Amendment of s 49 (Duties of original proprietor)
   280.    Insertion of new pt 7, div 6

           Division 4 - Amendment of Land Title Act 1994

   281.    Act amended
   282.    Amendment of s 54E (Amending a building management statement)
   283.    Amendment of s 54H (Extinguishing a building management statement)

           Division 5 - Amendment of Limitation of Actions Act 1974

   284.    Act amended
   285.    Amendment of s 10 (Actions of contract and tort and certain other actions)
   286.    Insertion of new s 51

           Division 6 - Amendment of Property Occupations Act 2014

   287.    Act amended
   288.    Insertion of new s 229A

           Division 7 - Minor and consequential amendments

   289.    Legislation amended
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3