bills of sale and other instruments regulations 1986

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©State of Queensland

BILLS OF SALE AND OTHER INSTRUMENTS REGULATIONS

1986

ANALYSIS OF CONTENTS

PART I-PRELIMINARY I. Citation

2. Commencement 3. Repeal

4. Arrangement 5. Interpretation 6. Forms 7. Fees

PART II-GENERAL 8. Endorsement of instrument

9. Register

FIRST SCHEDULE SECOND SCHEDULE

QUEENSLAND

BILLS OF SALE AND OTHER INSTRUMENTS REGULATIONS 1986

[Reprinted as at 31 July, 1989]

[Regulations published Gazette 20 December 1986, pp. 2410-2413; as'amended by regulations published Gazette 18 July 1987, p. 2842; 25 June 1988, p. 2390; 1 July

1989, p. 2095.]

Department of Justice Brisbane, 18th December, 1986 HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Bills of Sale a.nd Other Instruments Act 1955-1986, has been pleased to make the following regulations.

PAUL CLAUSON

PART I-PRELIMINARY

1. Citation. These regulations may be cited as the Bills of Sale and Other Instruments Regulations 1986.

2.Commencement.These regulations shall commence on 1st March, 1987.

3. Repeal. The Bills of Sale and Other Instruments Regulations of 1955 are repealed.

4. Arrangement. These regulations are arranged as follows:- PART I-PRELIMINARY (regulations 1-7);

PART II-GENERAL (regulations 8-9);

FIRST SCHEDULE;

SECOND SCHEDULE.

S. Interpretation. In these regulations "the Act" means the Bills of Sale and Other Instruments Act 1955-1986.

6. Forms. (1) The forms set forth in the First Schedule hereto shall be used for the purposes for which they are respectively applicable.

(2) A form prescribed by these regulations shall be completed in accordance with such directions as are specified in the prescribed form.

7. Fees. The fees set forth in the Second Schedule hereto shall be the fees payable in respect of the matters specified therein.

2 Reg. 8 BILLS OF SALE AND OTHER INSTRUMENTS

REGULATIONS 1986 Reg. 9

PART II-GENERAL

8. Endorsement of instrument. The applicant for the registration of an instrument shall endorse thereon the class of instrument to which it belongs.

9. Register. For the purposes of section 10 (3) (a) of the Act, the register may be kept in-

(a) printed paper records;

(b) microfiche records;

(c) microfilm records;

(d) magnetic tape records;

(e) computer memory records; or

(f) a combination of any two or more of the above.

First Sch. £1 BILLS OF SALE AND OTHER INSTRUMENTS First Sch. £1 3 REGULATIONS 1986

First Schedule Forms Form I-Register of Instruments;

Form 2-Statutory Declaration for Renewal of Lien upon Crops.

Form 1 Queensland

Bills of Sale and Other Instruments Act 1955-1986 (section 10 (3) (a»

Bills of Sale and Other Instruments Regulations 1986 REGISTER OF INSTRUMENTS

Previous No.:

Occupation/Nature of business of grantor:

Year:

Class of instrument:

No.:

Name of grantor:

Amount secured:

Date of execution of instrument:

Date of registration of instrument:

Date of registration of statutory declaration of renewal:

Time for which lien on crops renewed:

Particulars of transfer:

Partial/total satisfaction entered:

Amount of partial satisfaction (where applicable):

Time:

4 First Sch. 1:2 BILLS OF SALE AND OTHER INSTRUMENTS First Sch. 1:2 REGULATIONS 1986

Form 2 Queensland

Bills of Sale and Other Instruments Act 1955-1986 (section 13)

Bills ofSaleand Other Instruments Regulations 1986

STATUTORY 'DECLARATION FOR RENEWAL OF REGISTRATION OF A LIEN ON CROPS

To the

In the matter of theBills of Sale and Other Instruments Act 1955-1986

I(name ofdeclarant)of(address ofdeclarant)in the State of Queensland do solemnly and sincerely declare as follows:-

1. I am the person or one of the persons entitled to the benefit of the instrument presently registered under the above Act as No. and made between (State names of the parnes to the instrument, their places of residence or of business, and descriptions as appearing therein and as at the time of making this statutory declaration).

(If the statutory declaration is made by a solicitor or agent, state that fact and also state briefly how declarant has become acquainted with the facts contained in this statutory declaration).

2. The said instrument was registered on the day of

19 ,at the hour of in the noon.

3. The crop over which the lien is granted is still immature, and the said instrument is still subsisting and is still in full force and effect.

4. I desire to renew the lien for a further period not exceeding from the date of filing.

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act 1867-1981.

Signed and declared at in}

the State of Queensland this day Declarant

of ,19 before me:

A Justice of the Peace.

Second Sch. BILLS OF SALE AND OTHER INSTRUMENTS Second Sch. 5 REGULATIONS 1986

Second Schedule

[Further substituted by regulations published Gazette 1 July 1989, p. 2095 (as from 1 July, 1989).]

FEES Fees Payable-

$

(a) For registering and recording particulars of registration of any instrument under the Act ....

(b) For filing, registering and recording particulars of a renewal, transfer or satisfaction or of any other instrument, sta.tutory declaration, or document under

this Act .

(c) For searching the Register (including the Alphabetical Index) in respect of each person or grantor. . . . (d) For inspection of each set of original instruments, statutory declarations or documents lodged for the purposes of the Act . . . . (e) For making a copy of or extracts from a page of an original instrument, statutory declaration or document lodged for the purposes of the Act or from a page of the register .. . . . (t) For checking and completion as an office copy or a sealed copy of each page of any original instrument, statutory declaration or document lodged for the purposes of the Act . . . . (g) On certifying an extract from any original instrument, statutory declaration or document lodged for the purposes of the Act or of any particulars in relation to any set of original instruments, statutory declarations or documents contained in the register- (i) in the office of the Registrar at Brisbane,

Rockhampton or Townsville .

(ii) at an office of the clerk of· the court. . . . (h) On issue of a certificate by the Registrar as to the time when any document was produced or registered in his office . . . .

BY AUTHORITY

s.R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1989 84160(rjuI79>-6/89

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INDEX

TO THE

BILLS OF SALE AND OTHER INSTRUMENTS REGULATIONS

1986

Page

A

Act-

meaning of term Arrangement of regulations ..

c

Citation of regulations " .. ..

Commencement of regulations

F

Fees- Schedule of Forms-

reRegister of Instruments .. .. .. .. .. .. ..

reStatutory Declaration for Renewal of Lien upon Crops ..

Schedule of .. ., .. .. .. .. .. ..

I

Instrument-

endorsement of .. .. ..

register of .. ., .. ., ..

formre .. .. .. ..

M

Meaning of terms- Act .. .. ..

R

Register-

method of keeping ..

Regulations-

arrangement of.. .. .. ..

citation of .. .. .. .. .. .. .. .. ..

commencement of .. .. " .. ..

Reg. 5 4

2

Reg. 7,Second Sch.

First Sch.f.l .. ..

.. First Sch.f.2 .. ..

Reg. 6,First Sch.

8 9 Fil'.St Sch.f.l

5

9

4 1 2

1,5

3 4 1,3

2.' 2..

3

2:.

BY AUTHORITY

S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-I989 84160(ijuI79)-11/89