An Act relating to the registration of Titles to Land acquired by the Commonwealth of Australia.

BE

[Assented to, October 23rd, 1924.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

1. This Act may be cited as the "Real Property (Commonwealth Short title. Titles) Act, 1924."

2. This Act is incorporated with the Real Property Acts, 1886 and Incorporation with

1919.

3. In this Act, unless the context otherwise requires

66

"Acquired land means any land, which, having become
vested, whether before or after the commencement of
this Act-

(a) in the Commonwealth pursuant to the Constitution;

or

(b) in the Commonwealth or in any Commonwealth
authority by any law of the Commonwealth, or
any notice, notification of acquisition, proclama-
tion, or order made under any such law,

is for the time being vested either in the Commonwealth or a
Commonwealth authority:

other Acts.

Interpretation.

Provision for bringing land

acquired by Com. monwealth under the Real Property Acts.

66

66

Real Property (Commonwealth Titles) Act.—1924.

Attorney-General' means the Attorney-General for the time being of the Commonwealth, or any person to whom the powers and functions of the Attorney-General under any law of the Commonwealth have been duly delegated pursuant to any law of the Commonwealth:

Commonwealth authority" means any authority incorporated by any law of the Commonwealth:

"The Constitution means the Commonwealth of Australia Constitution Act.

4. With respect to any acquired land which at the time of acquisition thereof is not or was not subject to the provisions of the Real Property Act, 1886, the following provisions shall apply :

1. If the land is vested in fee simple in the Commonwealth, the Attorney-General, or if the land is vested in fee simple in a Commonwealth authority, then the Commonwealth authority in whom the land is so vested, may apply to the Registrar-General to bring the land under the provisions of the Real Property Act, 1886 :

II. If the land is land which became vested in the Commonwealth pursuant to the Constitution, the AttorneyGeneral, or the Commonwealth authority, whichever makes the application, shall furnish the Registrar-General with a certificate under the hand of the AttorneyGeneral, or the seal of the Commonwealth authority, as the case may be, certifying that the land became so vested in the Commonwealth and setting out any other facts relevant to the title of the Commonwealth or Commonwealth authority:

III. In all cases other than those mentioned in the next preceding paragraph there shall be furnished to the RegistrarGeneral in support of the application a copy, certified under the hand of the Attorney-General, or the seal of the Commonwealth authority, whichever makes the application, of the notification of acquisition, vesting order, or other instrument or notice (if any) whereby or in pursuance of which the land was vested in the Commonwealth or Commonwealth authority as aforesaid, and such other evidence of the title of the Commonwealth or Commonwealth authority as the Registrar-General may require:

IV. The Registrar-General may, if he is satisfied as to the title of the Commonwealth or Commonwealth authority, as the case may be, to the land in respect of which the application is made, bring the land under the provisions of the Real Property Act, 1886, by issuing a certificate for the land to the Commonwealth or Commonwealth authority in whom the land is vested:

Real Property (Commonwealth Titles) Act.-1924.

v. No contribution to the assurance fund shall be payable in
respect of the bringing under the Real Property Act,
1886, of any acquired land.

5. With respect to any acquired land which at the date of the acquisition thereof is or was subject to the provisions of the Real Property Act, 1886, the following provisions shall apply :-

1. If the land is vested in the Commonwealth the Attorney-
General, or if the land is vested in any Commonwealth
authority, then the authority in whom the land is so
vested, may apply to the Registrar-General to transfer
the land into the name of the Commonwealth or the
Commonwealth authority, as the case may be:

II. If the land is land which became vested in the Common-
wealth pursuant to the Constitution the Attorney-General
or the Commonwealth authority, whichever makes the
application, shall furnish the Registrar-General with a
certificate under the hand of the Attorney-General, or
seal of the Commonwealth authority, as the case may
be, certifying that the land became so vested in the
Commonwealth and setting out any other facts
relevant to the title of the Commonwealth or Common-
wealth authority:

III. In all cases other than those mentioned in the next preceding
paragraph there shall be furnished to the Registrar-
General in support of the application a copy, certified
under the hand of the Attorney-General, or the seal of the
Commonwealth authority, whichever makes the appli-
cation, of the notification of acquisition, vesting order,
or other instrument or notice (if any) whereby or in
pursuance of which the land was vested in the Common-
wealth or Commonwealth authority as aforesaid, and
such other evidence of the title of the Commonwealth
or Commonwealth authority as the Registrar-General
may require :

IV. The Registrar-General, if he is satisfied as to the title to
the land of the Commonwealth or the Commonwealth
authority, as the case may be, may deal with and give
effect to the application as if it were a duly executed
and stamped memorandum of transfer of the land to
the Commonwealth or Commonwealth authority, as the
case may be, lodged for registration on the day on
which the application was received by the Registrar-
General.

Transfers of land which is under Real

Property Act when acquired by the Commonwealth.

transfers made

6. Any entry made in the Register Book or on any certificate or Validation of instrument before the commencement of this Act for the purpose and certificates of transferring into the name of the Commonwealth or any issued before the Commonwealth authority any acquired land shall be deemed to commencement of

have

this Act.

Duty of RegistrarGeneral to enter acquisition in Register Book in certain circumstances.

Real Property (Commonwealth Titles) Act.-1924.

or

have been lawfully and validly made, and any certificate instrument issued before the commencement of this Act by the Registrar-General to the Commonwealth or any Commonwealth authority relating to any acquired land shall be deemed to be and to have been at all times valid and effectual in all respects.

7. If the Registrar-General is satisfied on information received. by him from any source that the whole or any part of any land included in a certificate is acquired land, he shall, notwithstanding that no application pursuant to section 5 of this Act has been made, make an entry in the Register Book specifying that the land in question has been acquired by the Commonwealth or Commonwealth authority, as the case may be.

In the name and on behalf of His Majesty, I hereby assent to
this Bill.
TOM BRIDGES, Governor.

Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.