227Regulations

1. The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

2. regulating the practice applying to and the conduct of dealings under this Act:
3. prescribing forms for the purposes of this Act:
4. prescribing information to be contained in, and documents that must accompany, any instrument, application, notice, certificate, record, statement, or any other thing for the purposes of this Act:
5. prescribing, or authorising the Registrar to approve, any matter related to the format or medium, or both, required to be used for supplying any information prescribed under paragraph (3):
6. prescribing the periods of time within which anything must be done or over which anything must be done:
7. prescribing a fixed period, or a range of periods from which a fixed period may be chosen, for any period to be specified in a notice given under this Act:
8. prescribing the manner in which instruments must refer to the register:
9. specifying procedures by which mortgagees may—
   1. prevent electronic instruments affecting estates or interests in land over which they hold a mortgage from being registered without their consent:
   2. be notified of the registration of electronic instruments:
10. specifying the classes of electronic instruments that require certification:
11. authorising classes of persons who may certify electronic instruments under this Act:
12. prescribing for each class of electronic instrument the matters that must be certified, including all or any of the following matters:
    1. that the person giving the certificate has authority to act for the party specified in the regulations and that the party has the legal capacity to give the authority:
    2. that the person giving the certificate has taken reasonable steps to confirm the identity of the person who gave the authority to act:
    3. if statutory requirements have been specified by the Registrar for instruments of a particular class, that the instrument complies with those requirements:
    4. that the person giving the certificate has evidence showing the truth of the certifications and that the evidence will be retained for a prescribed period:
13. prescribing information that must be recorded in the register under section 11:
14. specifying for the purposes of section 17(1)(b) circumstances in which a qualification may be recorded in a record of title:
15. specifying for the purposes of section 18(c) anything to which the provisions of this Act are subject if title is qualified because of a circumstance prescribed by regulations:
16. prescribing anything for the purposes of section 21(2)(b), which relates to the Registrar giving notice of intention to alter the register and receiving objections to proposed alterations:
17. prescribing anything for the purposes of section 21(5), which relates to material or information the Registrar may have regard to in exercising powers under that section:
18. specifying for the purposes of section 31(1)(a) every party who is to be treated as having executed electronic instruments or classes of electronic instruments:
19. specifying classes of persons who must electronically lodge, or direct the electronic lodgement of, an instrument of a specified class (for the purposes of section 32(2)):
20. specifying classes of instruments that are not capable of electronic lodgement (for the purposes of section 32(3)(a)):
21. specifying for the purposes of section 33 the persons who must execute paper instruments, the manner in which the instruments must be executed, and the persons who must witness the instruments:
22. specifying for each class of paper instrument the party to the instrument who must, or whose practitioner must, certify the instrument (for the purposes of section 34(1)):
23. prescribing for each class of paper instrument the matters that must be certified:
24. specifying any orders of a court that may be included under section 42(3)(b) in an application for the withholding of information:
25. prescribing offices that qualify an office holder as a representative under section 49(5):
26. prescribing the amount for the purposes of sections 62 and 63 and the prescribed interest rate for the purposes of section 70:
27. for the purposes of sections 77 and 78 (and where the conditions in subsection (2) of this section are satisfied),—
    1. specifying transfers of specified estates in land that are exempt from the requirements of section 78, including by reference to the nature of the transferor, transferee, transaction, type of estate in land, class of estate in land, or otherwise:
    2. specifying transfers of specified estates in land that are non-notifiable transfers (which may be non-notifiable in relation to the transferee or the transferor, or both), including by reference to the nature of the transferor, transferee, transaction, type of estate in land, class of estate in land, or otherwise:
28. declaring estates in land that are specified estates in land for the purposes of section 77:
29. declaring tax information to be identifying information for the purposes of section 83:
30. prescribing for the purposes of section 102 conditions and powers that are, on registration of a mortgage priority instrument, implied in a mortgage the priority of which is postponed:
31. prescribing the rights and powers implied in different classes of easements for the purposes of section 111:
32. specifying classes of instruments that the Registrar may, under section 140(2)(l), register or note in the register despite a caveat against dealings on the register:
33. specifying instruments that may, under section 210, be used with or without modification under any other enactment that provides for the registration or notation of any instrument or thing under this Act:
34. prescribing under sections 221(1)(g) and 222(1)(e) a method for giving notices:
35. prescribing under section 223(1)(e) the time when a notice is given:
36. prescribing any matter for which the Registrar may specify certain forms under section 225(1):
37. specifying fees and charges under section 229:
38. providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

39. Regulations may be made under subsection (1)(26) only on the recommendation of the Minister for Land Information, if the Minister is satisfied that—

40. requiring persons to comply with the requirements of section 78 in the case of the transfers proposed to be specified as exempt or non-notifiable would be impractical or involve high compliance costs; or
41. there is a low risk of tax avoidance in relation to the transfers proposed to be specified as exempt or non-notifiable.

42. The Minister must, as soon as practicable after the end of each period of 5 years from the commencement of this section,—

43. commence a review of regulations made under subsection (1)(26); and
44. consider as part of that review whether any matter contained in the regulations should be enacted in this Act.

45. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).