LLB220 Study Guide - Final Guide: Settlor, Building, Intestacy
Conveyancing Act 1919
Section 7 – Definitions
(1) In the interpretation of this Act, and of any rules or regulations made thereunder,
unless the context or subject matter otherwise indicates or requires:
"Administrator" means administrator within the meaning of the Probate and
Administration Act 1898 , and includes the NSW Trustee and Guardian acting as
collector under an order to collect.
"Approved form" means a form approved by the Registrar-General for the
purposes of the provision of this Act in which the expression is used.
"Assurance" includes a conveyance and a disposition made otherwise than by will;
and
"assure" has a corresponding meaning.
"Bankruptcy" means any act or proceeding in law having, before or after the
commencement of the Conveyancing (Amendment) Act 1972 , effects or results
similar to those of bankruptcy, and includes the winding-up of a company under
the Companies Act 1961 , the Companies (New South Wales) Code or
the Corporations Act 2001 of the Commonwealth; and
"bankrupt" has a meaning corresponding with that of bankruptcy.
"Commonwealth" means Commonwealth of Australia, and
"Commonwealth Act" (with or without descriptive words) means an Act passed by
the Parliament of the Commonwealth and includes any Act amending or substituted
for the same.
"Conveyance" includes any assignment, appointment, lease, settlement, or
other assurance by deed of any property; and
"convey" has a meaning corresponding with that of conveyance.
"Court" means the Supreme Court.
"Crown plan" means a plan (such as a county or parish map, a town or village map
or a portion plan) that has been prepared by or on behalf of the Crown and is held by
the Surveyor-General, and includes a registered plan that has been lodged for
registration with the Registrar-General by or on behalf of the Crown.
"Current plan" has the meaning given by section 7A.
"Dealing" has the same meaning as it has in the Real Property Act 1900 .
"Deed" in relation to land under the provisions of the Real Property Act 1900 ,
includes a dealing having the effect of a deed under that Act.
"Disposition" includes a conveyance, and also an acknowledgment under section
83 of the Probate and Administration Act 1898 , vesting instrument, declaration of
trust, disclaimer, release and every other assurance of property by
any instrument except a will, and also a release, devise, bequest, or an appointment
of property contained in a will; and
"dispose" has a corresponding meaning.
"Executor" means the executor to whom probate has been granted, and includes
an executor by right of representation.
"Existing lot" means:
(a) a lot whose boundaries are shown in a current plan, or
(b) in relation to land that is not included in a current plan, any distinct lot or portion
of land whose current boundaries are identified in the document or documents that
evidence current legal interests in the land,
whether comprising the whole of a parcel, or 2 or more parts of a parcel separated
by land reserved or acquired for a road, railway or other like purpose.
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"General Register of Deeds" means the General Register of Deeds maintained
under section 184C.
"Income" , when used with reference to land, includes rents and profits.
"Incumbrance" includes a mortgage in fee or for a less estate, and a trust for
securing money, and a lien and a charge of a portion, annuity, or other capital or
annual sum; and
"incumbrancee" has a meaning corresponding with that of incumbrance, and
includes every person entitled to the benefit of an incumbrance, or to require
payment or satisfaction thereof.
"Instrument" includes deed, will, and Act of Parliament.
"Land" includes tenements and hereditaments, corporeal and incorporeal, and
every estate and interest therein whether vested or contingent, freehold or leasehold,
and whether at law or in equity.
"Land under the provisions of the Real Property Act 1900" or any equivalent
expression, means estates registered under that Act.
"Licensed conveyancer" means the holder of a licence in force under
the Conveyancers Licensing Act 2003 .
"Mental disability" means the legal disability by reason of which the property of a
person subject thereto may, pursuant to the law from time to time in force with
respect to mental health, be committed to the management and care of another
person.
"Minor" means a person under the age of eighteen years; and
"minority" has a corresponding meaning.
"Mortgage" includes a charge on any property for securing money or money’s
worth; and
"mortgage-money" means money or money’s worth secured by a mortgage.
"Mortgagee" includes any person from time to time deriving title to
the mortgage under the original mortgagee; and
"mortgagee in possession" means a mortgagee who in right of the mortgage has
entered into and is in possession of the mortgaged property.
"Mortgagor" includes any person from time to time deriving title to the equity of
redemption under the original mortgagor, or entitled to redeem a mortgage,
according to the person’s estate, interest, or right in the mortgaged property.
"Mortgage" ,
"mortgagee" , and
"mortgagor" in relation to land under the provisions of the Real Property
Act 1900 have the same meaning as in that Act.
"Order" includes judgment.
"Personal representative" means the executor or administrator for the time being
of a deceased person.
"Possession" , when used with reference to land, includes the receipt
of income therefrom.
"Power to postpone sale" means power to postpone in the exercise of a discretion
whether separately expressed or implied by the terms of the trust for sale.
"Property" includes real and personal property, and any estate or interest in
any property real or personal, and any debt, and any thing in action, and any other
right or interest.
"Purchaser" means a purchaser for valuable consideration, and includes a
lessee, mortgagee, or other person who for valuable consideration acquires an
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interest in property, except that in Part 4, Divisions 5 and 6
"purchaser" means only a person who acquires an interest in
or charge on property for money or money’s worth; and purchase has a meaning
corresponding with that of
"purchaser" .
"Registered" means registered in the appropriate register by the Registrar-General.
"Registered plan" means any of the following:
(a) a plan of subdivision, a plan of consolidation or a plan of identification (each
within the meaning of section 195) that is registered in accordance with Division 3 of
Part 23,
(b) a strata plan, strata plan of subdivision or strata plan of consolidation within the
meaning of the Strata Schemes Development Act 2015 ,
(d) a plan that is registered for the purpose of showing either or both of the following:
(i) land that is proposed to be acquired, by agreement or compulsory process, under
a provision of an Act (including a Commonwealth Act) that authorises the acquisition
of land by compulsory process, or
(ii) the residue of land of which part is proposed to be so acquired,
(e) a plan (other than a plan referred to in paragraph (a)-(d)) that is registered or
recorded by the Registrar-General for the purpose of showing a parcel in a lawful
division of land.
"Regulations" means regulations made under this Act.
"Rent" includes yearly or other rent, toll, duty, royalty, or other reservation by the
acre, the ton, or otherwise; and
"fine" includes premium or foregift, and any payment, consideration, or benefit in the
nature of a fine, premium, or foregift.
"Sale" means only a sale properly so called.
"Securities" include stocks, funds, and shares.
"Trust corporation" means the NSW Trustee and Guardian or a trustee
company or The Official Receiver in Bankruptcy or the trustee in whom is vested
the property of a bankrupt.
"Trust for sale" means a binding trust for sale, whether or not exercisable at the
request or with the consent of any person, and with or without a power at discretion
to postpone sale.
"Trustee company" means a licensed trustee company within the meaning of
Chapter 5D of the Corporations Act 2001 of the Commonwealth authorised by an Act
of New South Wales to act as trustee.
"Trustees for sale" mean the persons holding property on trust for sale.
"Valuable consideration" includes marriage but does not include a nominal
consideration in money.
"War damage" means damage caused by, or in repelling, enemy action, or by
measures taken to avoid the spreading of the consequences of damage caused by,
or in repelling, enemy action.
"Will" includes codicil.
(2)
(a) Any deed, will, agreement for a settlement, or other agreement, Act, or
other instrument, or any number of instruments, whether made or passed
before or after, or partly before and partly after the commencement of
the Conveyancing (Amendment) Act 1930 , under or by virtue of
which instrument or instruments any land on or after such commencement
stands for the time being:
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Document Summary
Section 7 definitions (1) in the interpretation of this act, and of any rules or regulations made thereunder, unless the context or subject matter otherwise indicates or requires: "administrator" means administrator within the meaning of the probate and. Administration act 1898 , and includes the nsw trustee and guardian acting as collector under an order to collect. "approved form" means a form approved by the registrar-general for the purposes of the provision of this act in which the expression is used. "assurance" includes a conveyance and a disposition made otherwise than by will; and. "bankrupt" has a meaning corresponding with that of bankruptcy. "commonwealth act" (with or without descriptive words) means an act passed by the parliament of the commonwealth and includes any act amending or substituted for the same. "conveyance" includes any assignment, appointment, lease, settlement, or other assurance by deed of any property; and. "convey" has a meaning corresponding with that of conveyance.
