Section 155A — Land Transfer Act 1952: Incorporation of provisions contained in registered or prescribed memorandum

155A Incorporation of provisions contained in registered or prescribed memorandum (1) In this section the term memorandum means a memorandum in the prescribed form setting forth provisions that are intended for inclusion in instruments of a class specified in the memorandum. (2) For the purposes of this section, any person may execute a memorandum for the purpose of registration, and the Registrar shall number and register any such memorandum that is executed and delivered for registration and is approved by the Registrar. (3) Notwithstanding anything in subsection (2) of this section, the Registrar may, for the purposes of this section, draw up, number, and register a memorandum. (4) A memorandum shall be deemed to be registered when a memorial of registration is endorsed upon it and signed by the Registrar. (5) On registration of a memorandum under subsection (2) or subsection (3) of this section, it shall be deemed for the purposes only of section 46 of this Act to be part of the register. (6) Without limiting anything in subsection (2) or subsection (3) of this section, the Governor-General may from time to time, by regulations made under this Act, prescribe in respect of any class of instrument a memorandum for the purposes of this section. (7) Where an instrument is of a class specified in a memorandum registered under subsection (2) or subsection (3) of this section, or is of a class in respect of which a memorandum has been prescribed under subsection (6) of this section, and contains a provision or reference that incorporates (with or without amendment) any or all of the provisions set out or referred to in that memorandum, those provisions or (as the case may require) those provisions as amended shall be implied in that instrument as fully and effectually as if they were set forth at length in the instrument. (8) Nothing in subsection (7) of this section shall be construed as limiting the effect, if any, of a provision in an instrument that incorporates in the instrument covenants, conditions, or other provisions otherwise than as referred to in that subsection. Section 155A was inserted, as from 6 November 1986, by section 3(1) Land Transfer Amendment Act 1986 (1986 No 94). Subsection (2) was amended, as from 26 August 2002, by section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11) by inserting the words “ and is approved by the Registrar ” . See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216). Subsection (7) was amended, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by inserting the words “ or reference ” after the words “ contains a provision ” . Subsection (7) was amended, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by inserting the words “ or referred to ” after the words “ set out ” .