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This is a Bill, not an Act. For current law, see the Acts databases.
2021
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Peter Cain)
Contents
Page
2021
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Peter Cain)
Civil Law (Sale of Residential Property) Amendment Bill 2021
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Civil Law (Sale of Residential Property) Amendment Act 2021
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
insert
Division 2.1 Definitions—pt 2
5A Definitions—pt 2
In this part:
class A unit—see the Unit Titles Act 2001
, section 10.
class B unit—see the Unit Titles Act 2001
, section 11.
seller, of residential property, means a person who—
(a) has a legal or equitable interest in the property that the person is entitled to sell; and
(b) offers to sell, or invites an offer to buy, the interest.
unit means a class A unit or a class B unit.
units plan—see the Unit Titles Act 2001
, section 7.
Division 2.2 Contract for sale of residential property
substitute
6 Application—div 2.2
omit
part
substitute
division
substitute
7 Definitions—div 2.2
In this division:
building conveyancing inquiry documents, for a residence, means the documents prescribed under the regulations for this definition.
encumbrance, in relation to residential property proposed to be sold, includes an unregistered or statutory encumbrance, but does not include an encumbrance that is to be released or discharged on or before completion of the sale.
lease conveyancing inquiry documents, for a property, means the documents prescribed under the regulations for this definition.
prospective buyer, of residential property, includes a prospective grantee of an option to buy the property.
rescission notice means a notice given under section 14 (Right to rescind during cooling-off period).
residence means a building (or part of a building) used, or intended for use, as a single dwelling, and includes any outbuildings or other structures used in conjunction with the building or part.
sublease—see the Planning and Development Act 2007
, section 234.
unapproved structure means—
(a) a structure—
(i) the building of which contravened the Building Act 2004
, or other territory law regulating building work, at the time it was built; or
(ii) the use or occupancy of which contravenes the Building Act 2004
; or
(b) a structure—
(i) the building of which required development approval under the Planning and Development Act 2007
, or other territory law regulating development, at the time it was built; and
(ii) that had no approval or, when built, did not comply with the approval.
8 Meaning of required
documents
Section 9 (1)
omit
For this part,
substitute
For this division,
omit
(an off-the-plan purchase)
substitute
9A Meaning of eligible impacted property and eligible impacted property buyback program—div 2.2
omit
In this part:
substitute
In this division:
insert
Division 2.3 Off-the-plan contract for sale of unit
19A Application—div 2.3
This division applies to an off-the-plan contract entered into on or after the commencement of this section.
19B Definitions—div 2.3
In this division:
off-the-plan contract means a contract for the sale of residential property that is a unit in a units plan before the plan is registered.
registered means registered with the registrar-general under
the
.
sunset date means the latest date by which the sunset event for an off-the-plan contract must happen.
sunset event, for an off-the-plan contract, means—
(a) the registration of the units plan showing the unit the subject of the contract; or
(b) an event prescribed by regulation.
sunset provision, in an off-the-plan contract, means a provision that allows the contract to be rescinded if the sunset event does not happen by the sunset date.
unit includes a proposed unit.
units plan includes a proposed units plan.
19C Effect of sunset provision
(1) A sunset provision in an off-the-plan contract—
(a) does not automatically rescind the contract on the sunset date; and
(b) is taken to allow the contract to be rescinded on or after the sunset date in accordance with this division.
(2) This section does not affect any right that a buyer may have to rescind an off-the-plan contract under a sunset provision.
19D Rescission under sunset provision
A seller must not rescind an off-the-plan contract under a sunset provision on the grounds that the sunset event has not happened by the sunset date, unless—
(a) each buyer under the contract, at any time after being given a notice under section 19E, consents in writing to the rescission; or
(b) the Supreme Court has made an order under section 19F allowing the seller to rescind the contract under the sunset provision; or
(c) a circumstance prescribed by regulation applies.
19E Notice of intention to rescind under sunset provision
(1) A seller proposing to rescind an off-the-plan contract under a sunset provision must, at least 28 days before the date of the proposed rescission, serve each buyer under the contract with a written notice stating the reasons—
(a) for the seller’s proposed rescission of the contract; and
(b) why the sunset event has not happened by the sunset date.
(2) The seller may serve the notice on the buyer by serving it to a person who is authorised under the off-the-plan contract as a representative of the buyer.
Note For how documents may be served, see the Legislation Act
, pt 19.5.
19F Supreme Court may allow rescission
(1) The Supreme Court may, on the application of a seller under an off-the-plan contract, make an order allowing the seller to rescind the contract under a sunset provision, but only if the seller satisfies the court that making the order is just and equitable in all the circumstances.
(2) In deciding whether it is just and equitable in all the circumstances to make the order, the court must take into account the following considerations:
(a) the terms of the off-the-plan contract;
(b) whether the seller has acted unreasonably or in bad faith;
(c) the reason for the delay in the sunset event happening;
(d) the likely date on which the sunset event would happen;
(e) whether the unit the subject of the contract has increased in value;
(f) the effect of the rescission on each buyer;
(g) any other matter that the court considers relevant;
(h) any other matter prescribed by regulation.
(3) The seller must pay the costs of a buyer in relation to a proceeding for an order under this section unless the court is satisfied that the buyer unreasonably withheld consent to the rescission of the off-the-plan contract under the sunset provision.
13 Energy efficiency rating
statement
Section 23 (5)
omit
(Application of pt 2)
substitute
(Application—div 2.2)
14 Definitions for pt
4
Section 24, definition of seller
substitute
seller, of residential property—see section 5A.
15 Dictionary, definitions of building conveyancing inquiry documents etc
substitute
building conveyancing inquiry documents, for a residence, for division 2.2 (Contract for sale of residential property)—see section 7.
class A unit, for part 2 (Sale of residential property)—see section 5A.
class B unit, for part 2 (Sale of residential property)—see section 5A.
eligible impacted property, for division 2.2 (Contract for sale of residential property)—see section 9A (1).
eligible impacted property buyback program, for division 2.2 (Contract for sale of residential property)—see section 9A (1).
encumbrance, in relation to residential property proposed to be sold, for division 2.2 (Contract for sale of residential property)—see section 7.
lease conveyancing inquiry documents, for a property, for division 2.2 (Contract for sale of residential property)—see section 7.
16 Dictionary, new definition of off-the-plan contract
insert
off-the-plan contract, for division 2.3 (Off-the-plan contract for sale of unit)—see section 19B.
17 Dictionary, definition of prospective buyer
substitute
prospective buyer, of residential property, for division 2.2 (Contract for sale of residential property)—see section 7.
18 Dictionary, new definition of registered
insert
registered, for division 2.3 (Off-the-plan contract for sale of unit)—see section 19B.
19 Dictionary, definitions of required documents etc
substitute
required documents, for division 2.2 (Contract for sale of residential property)—see section 9.
rescission notice, for division 2.2 (Contract for sale of residential property)—see section 7.
residence, for division 2.2 (Contract for sale of residential property)—see section 7.
20 Dictionary, definition of seller
omit
section 7
substitute
section 5A
21 Dictionary, definition of sublease
substitute
sublease, for division 2.2 (Contract for sale of residential
property)—see the
, section 234.
22 Dictionary, new definitions
insert
sunset date, for division 2.3 (Off-the-plan contract for sale of unit)—see section 19B.
sunset event, for an off-the-plan contract, for division 2.3 (Off-the-plan contract for sale of unit)—see section 19B.
sunset provision, in an off-the-plan contract, for division 2.3 (Off-the-plan contract for sale of unit)—see section 19B.
23 Dictionary, definitions of unapproved structure and unit
substitute
unapproved structure, for division 2.2 (Contract for sale of residential property)—see section 7.
unit—
(a) for part 2 (Sale of residential property)—see section 5A; and
(b) for division 2.3 (Off-the-plan contract for sale of unit)—see section 19B.
24 Dictionary, new definition of units plan
insert
units plan—
(a) for part 2 (Sale of residential property)—see section 5A; and
(b) for division 2.3 (Off-the-plan contract for sale of unit)—see section 19B.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 9 November 2021.
2 Notification
Notified under the
on 2021.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2021
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