Minutes of Proceedings Day 2 - Wednesday 20 October 1993
Parliamentary Record 21
Minutes of Proceedings for 6th Assembly 1990 - 1994; ParliamentNT; Parliamentary Record; 6th Assembly 1990 - 1994
1993-10-20
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MINUTES OF PROCEEDINGS - Wednesday 20 October 1993 "56B. PRIORITY AND EFFECT OF STATUTORY CHARGES " ( 1) An overriding statutory charge prevails over all other interests in the land to which it relates, except a preexisting overriding statutory charge recorded in the register. "(2) Unless a statutory charge, not being an overriding statutory charge, has been registered (a) a restriction imposed by the statutory charge on the use of or dealing with the land does not exist; or (b) a power arising under the statutory charge in relation to the land is not exercisable.". Clause 7, as amended, agreed to. Clauses 8 and 9, by leave, taken together and agreed to. Clause 10 read. On the motion of Mr Manzie the following amendment was agreed to Omit from proposed section 142A subsection (1). Clause 10, as amended, agreed to. Remainder of the Bill, by leave, taken as a whole and agreed to. Bill to be reported with amendments. Real Property (Statutory Charges Consequential Amendments) Bill 1993 ( Serial 261) : Clauses 1 to 7, by leave, taken together and agreed to. On the motion of Mr Manzie the following new clause was inserted in the Bill "7A. AMENDMENT OF LEGAL AID ACT "Section 59 of the Legal, Aid Act is amended (a) by omitting from subsection (1) 'notice under' and 'charge' and substituting 'application referred to in' and 'statutory charge, within the meaning of the Rea7, Property Act,' respectively; (b) by omitting subsections (2), substituting the following: ( 3) and ( 4 ) and '(2) The Director may, in the name and on behalf of the Commission, apply under section 48A of the Real, Property Act to have the charge registered.'; and (c) by omitting from subsection (6) 'the Registrar of Titles' and substituting 'the Registrar-General'.". Clauses 8 to 13, by leave, taken together and agreed to. Clause 14 read. On the motion of Mr Manzie the following amendment was agreed to Omit "registered" and substitute "lodged". Clause 14, as amended, agreed to. 727