Transfer of Land (Fees) (Further Amendment) Regulations 2007
Transfer of Land (Fees) (Further Amendment)
Regulations 2007
S.R. No. 108/2007
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Principal Regulations 1
5 Categories of search services 2
6 Specific fees and amounts 2
7 Miscellaneous fees and amounts 9
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ENDNOTES 10
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STATUTORY RULES 2007
S.R. No. 108/2007
Transfer of Land Act 1958
Transfer of Land (Fees) (Further Amendment)
Regulations 2007
The Governor in Council makes the following Regulations:
Dated: 2 October 2007
Responsible Minister:
GAVIN JENNINGS
Minister for Environment and Climate Change
RUTH LEACH
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend the
Transfer of Land (Fees) Regulations 2004 to
prescribe certain fees and amounts payable to the
Registrar under the Transfer of Land Act 1958
and to make other minor amendments.
2 Authorising provision
These Regulations are made under section 120 of
the Transfer of Land Act 1958.
3 Commencement
These Regulations come into operation on
5 November 2007.
4 Principal Regulations
In these Regulations, the Transfer of Land (Fees)
Regulations 20041 are called the Principal
Regulations.
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5 Categories of search services
(1) In regulation 6(1) of the Principal Regulations, for
"Category 3 or Category 4" substitute
"Category 3, Category 4 or Category 5".
(2) After regulation 6(5) of the Principal Regulations
insert—
"(6) A search service is a Category 5 search
service if the search service is ordered by
and supplied to a person who has entered
into an agreement with the State for the
provision of on-line access to the land
registration records of the Office of Titles for
the purpose of creating an electronic
instrument for lodgment in the electronic
lodgement network.".
6 Specific fees and amounts
(1) In Schedule 2 to the Principal Regulations—
(a) for item 5 substitute—
"5 22 Lodgment of a
specified dealing
being a transfer of
the fee simple estate
The sum of
8·80 fee units
plus $2.46 for
every whole
$1000 of the
monetary
consideration
(or if there is
more than one
consideration,
the highest
one), that sum
being rounded
up if necessary
to the next
higher whole
dollar, the total
fee not to
exceed the sum
of 8·80 fee units
plus $1230";
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(b) for items 21, 22, 23 and 24 substitute—
"21 45 Transfer on sale
(other than a transfer
on sale of one or
more mortgages to or
by an authorised
deposit-taking
institution under
the Banking Act
1959 of the
Commonwealth)—
(a) in the case of a
lodgment of a
paper
instrument;
(b) in the case of a
lodgment of an
electronic
instrument.
The sum of
10·21 fee units
plus $2.46 for
every whole
$1000 of the
monetary
consideration
(or if there is
more than one
consideration,
the highest
one), that sum
being rounded
up if necessary
to the next
higher whole
dollar, the total
fee not to
exceed the sum
of 10·21 fee
units plus
$1230
The sum of
8·44 fee units
plus $2.46 for
every whole
$1000 of the
monetary
consideration
(or if there is
more than one
consideration,
the highest
one), that sum
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being rounded
up if necessary
to the next
higher whole
dollar, the total
fee not to
exceed the sum
of 8·44 fee
units plus
$1230
22 45 Transfer on sale of
one or more
mortgages, to or by
an authorised
deposit-taking
institution within
the meaning of
the Banking Act
1959 of the
Commonwealth—
(a) in the case of a
lodgment of
a paper
instrument;
(b) in the case of a
lodgment of an
electronic
instrument.
5·81 fee units
4·04 fee units
23 45 Transfer other than a
transfer on sale
excluding the
creation or surrender
of an easement—
(a) in the case of a
lodgment of a
paper
instrument;
(b) in the case of a
lodgment of an
electronic
instrument.
10·21 fee units
8·44 fee units
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24 45 Creation or surrender
of easement in which
the consideration is
monetary
The sum of
43·99 fee units
plus $2.46 for
every whole
$1000 of the
monetary
consideration
(or if there is
more than one
consideration,
the highest
one), that sum
being rounded
up if necessary
to the next
higher whole
dollar, the total
fee not to
exceed the
sum of 43·99
fee units plus
$870";
(c) for items 27 and 28 substitute—
"27 49 Transmission
application by
personal
representative—
(a) in the case of a
lodgment of a
paper
instrument;
(b) in the case of a
lodgment of an
electronic
instrument.
7·28 fee units
5·51 fee units
28 50 Survivorship
application by joint
proprietor—
(a) in the case of a
lodgment of a
paper
instrument;
7·28 fee units
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(b) in the case of a
lodgment of an
electronic
instrument.
5·51 fee units";
(d) for items 48, 49 and 50 substitute—
"48 74 Application to
register mortgage or
charge—
(a) in the case of a
lodgment of a
paper
instrument;
(b) in the case of a
lodgment of an
electronic
instrument.
8·38 fee units
6·62 fee units
49 75A Application to
register variation of
mortgage or
charge—
(a) in the case of a
lodgment of a
paper
instrument;
(b) in the case of a
lodgment of an
electronic
instrument.
5·81 fee units
4·04 fee units
50 75B(3) Application to
register variation of
priority of mortgage
or charge—
(a) in the case of a
lodgment of a
paper
instrument;
(b) in the case of a
lodgment of an
electronic
instrument.
10·21 fee units
8·44 fee units";
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(e) for item 52 substitute—
"52 84(1) Application for
recording of
discharge of
mortgage or charge
wholly or partially—
(a) in the case of a
lodgment of a
paper
instrument;
(b) in the case of a
lodgment of an
electronic
instrument.
8·38 fee units
6·62 fee units";
(f) for items 54 and 55 substitute—
"54 84(3) Application for
recording of
satisfaction of
annuity—
(a) in the case of a
lodgment of a
paper
instrument;
(b) in the case of a
lodgment of an
electronic
instrument.
10·21 fee units
8·44 fee units
55 84(4) Application for
recording of
discharge of
mortgage or charge,
wholly or partially—
(a) in the case of a
lodgment of a
paper
instrument;
(b) in the case of a
lodgment of an
electronic
instrument.
8·38 fee units
6·62 fee units";
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(g) for items 61 and 62 substitute—
"61 89 Application for
recording of caveat
forbidding dealings
with land, or
withdrawal of such a
caveat wholly or in
part—
(a) in the case of a
lodgment of a
paper
instrument;
(b) in the case of a
lodgment of an
electronic
instrument.
5·81 fee units
4·04 fee units
62 89A Application for
service of a notice—
for each caveat
affected—
(a) in the case of a
lodgment of a
paper
instrument;
(b) in the case of a
lodgment of an
electronic
instrument.
13·14 fee units
11·37 fee units";
(2) After item 84 in Schedule 2 to the Principal
Regulations insert—
"84A 114(1) One of the following search
services resulting in a
statement of subsisting
information which
identifies the registered
proprietor of the land and
identifies the documents on
which are recorded any
notices and encumbrances
affecting the land for the
purpose of creating an
electronic instrument for
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lodgment in the electronic
lodgement network—
(a) Category 1;
(b) Category 5.
$6.45
$8.44".
7 Miscellaneous fees and amounts
After item 4 in Schedule 3 to the Principal
Regulations insert—
"5 120(2) On every electronic
instrument lodged—
additional amount of
$2.00".
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Transfer of Land (Fees) (Further Amendment) Regulations 2007
Endnotes
ENDNOTES
1 Reg. 4: S.R. No. 118/2004. As amended by S.R. Nos 163/2005, 66/2006,
67/2006 and 66/2007.
——
Fee Units
These Regulations provide for fees by reference to fee units within the
meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that
Act, by multiplying the number of fee units applicable by the value of a fee
unit.
The value of a fee unit for the financial year commencing 1 July 2007 is
$11.02. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.
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