Property Law Regulation 2003

Queensland Property Law Act 1974 Property Law Regulation 2003 Current as at 13 July 2012 NOTE—This is the last reprint before repeal. Repealed by 2013 SL No. 46 s 4 Repealed on 12 April 2013

Information about this reprint This regulation is reprinted as at 13 July 2012. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Property Law Regulation 2003 Contents 1 2 3 4 Schedule Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Prescribed mortgages—Act, s 85 . . . . . . . . . . . . . . . . . . . . . . . . 3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 6 7 7 8

Property Law Regulation 2003 [s 1] Property Law Regulation 2003 [as amended by all amendments that commenced on or before 13 July 2012] 1 Short title This regulation may be cited as the Property Law Regulation 2003 . 2 Commencement This regulation commences on 1 September 2003. 3 Fees The fees payable under the Act are stated in the schedule. 4 Prescribed mortgages—Act, s 85 (1) For the Act, section 85, a mortgage is a prescribed mortgage if it is a mortgage over residential land and the mortgagor’s home is on the land. (2) For subsection (1)— (a) it does not matter that a residence is also used for a business purpose if the residence is primarily used as the mortgagor’s home; and (b) the residence does not stop, or, in relation to a residence used by the mortgagor before the commencement, did not stop, being the mortgagor’s home only because the mortgagor stopped using the residence as the mortgagor’s home— (i) at the time the default occurred; or (ii) at any time within 6 months before the default occurred. (3) In this section— Current as at 13 July 2012 Page 3

Property Law Regulation 2003 [s 4] commencement means the commencement of this section. default means the default that gives rise to the power of sale mentioned in the Act, section 83. home , of a mortgagor, means a residence on residential land that is occupied by the mortgagor as the mortgagor’s principal place of residence. residential land means land, or the part of land, on which a residence is constructed, and includes the curtilage attributable to the residence if the curtilage is used for residential purposes. residence means a building, or part of a building, that is— (a) fixed to land; and (b) designed, or approved by a local government, for human habitation by a single family unit; and (c) used for residential purposes. Page 4 Current as at 13 July 2012

Schedule Fees Property Law Regulation 2003 Schedule section 3 1 Lodging in the land registry any of the following for registration under part 18, division 3 of the Act— (a) an agreement in writing, deed, conveyance or other instrument, other than a lease for less than 3 years, affecting an estate in land; (b) a will or devise affecting an estate in land; (c) another instrument, record or document . . . . . . . . . . . 2 Photocopy of a document registered under part 18, division 3 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In addition to the fee payable for a photocopy of a document mentioned in item 2—for certifying the copy. . . $ 59.00 29.00 29.00 Current as at 13 July 2012 Page 5

Property Law Regulation 2003 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 13 July 2012. Future amendments of the Property Law Regulation 2003 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Page 6 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Current as at 13 July 2012

Property Law Regulation 2003 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 1D 2 2A 2B 2C 2D 2E 2F Amendments included none 2004 SL No. 178 2005 SL No. 326 2006 SL No. 284 2007 SL No. 275 — 2008 SL No. 266 2008 SL No. 451 2009 SL No. 181 2010 SL No. 155 2011 SL No. 115 2012 SL No. 102 Effective 1 September 2003 20 September 2004 19 December 2005 27 November 2006 26 November 2007 26 November 2007 1 September 2008 12 December 2008 1 September 2009 1 July 2010 1 July 2011 13 July 2012 Notes R1D withdrawn, see R2 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Property Law Regulation 2003 SL No. 183 made by the Governor in Council on 14 August 2003 notfd gaz 15 August 2003 pp 1312–13 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2003 (see s 2) exp 1 September 2013 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Justice Legislation (Costs and Fees) Amendment Regulation (No. 1) 2004 SL No. 178 notfd gaz 10 September 2004 pp 173–7 ss 1–2 commenced on date of notification remaining provisions commenced 20 September 2004 (see s 2) Current as at 13 July 2012 Page 7

Property Law Regulation 2003 Endnotes Justice and Other Legislation (Costs and Fees) Amendment Regulation (No. 1) 2005 SL No. 326 notfd gaz 16 December 2005 pp 1490–6 ss 1–2 commenced on date of notification remaining provisions commenced 19 December 2005 (see s 2) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2006 SL No. 284 notfd gaz 24 November 2006 pp 1476–9 ss 1–2 commenced on date of notification remaining provisions commenced 27 November 2006 (see s 2) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2007 SL No. 275 notfd gaz 9 November 2007 pp 1355–7 ss 1–2 commenced on date of notification remaining provisions commenced 26 November 2007 (see s 2) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2008 SL No. 266 notfd gaz 22 August 2008 pp 2651–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2008 (see s 2) Property Law Amendment Regulation (No. 1) 2008 SL No. 451 notfd gaz 12 December 2008 pp 2044–53 commenced on date of notification Justice Legislation (Fees) Amendment Regulation (No. 1) 2009 SL No. 181 notfd gaz 28 August 2009 pp 1491–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2009 (see s 2) Justice Legislation (Fees) Amendment Regulation (No. 1) 2010 SL No. 155 notfd gaz 25 June 2010 pp 823–30 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2) Justice (Fees) Amendment Regulation (No. 1) 2011 SL No. 115 notfd gaz 1 July 2011 pp 589–96 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2) Justice Legislation (Fees) Amendment Regulation (No. 1) 2012 SL No. 102 notfd gaz 13 July 2012 pp 820–5 ss 1–2 commenced on date of notification remaining provisions commenced 13 July 2012 (see s 2) 6 List of annotations Prescribed mortgages—Act, s 85 s 4 ins 2008 SL No. 451 s 3 Page 8 Current as at 13 July 2012

Property Law Regulation 2003 Endnotes SCHEDULE—FEES sub 2004 SL No. 178 s 3 sch; 2005 SL No. 326 s 3 sch; 2006 SL No. 284 s 3 sch; 2007 SL No. 275 s 3 sch; 2008 SL No. 266 s 3 sch; 2009 SL No. 181 s 3 sch; 2010 SL No. 155 s 3 sch; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 13 July 2012 Page 9