On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Charge pursuant to Social Security Act 1991

Pursuant to section 1138 of the Social Security Act 1991 (Cth) (the ‘Act’), a charge in favour of the Commonwealth may arise against land to secure the payment of a debt to the Commonwealth in relation to the pensions loan scheme provided under the Act.

The Secretary of the Department of Social Services (the ‘Secretary’) may lodge a Request form 11R to register the charge stating that the charge has arisen by virtue of section 1138 of the Act (section 1143 of the Act). The Request must be accompanied by a copy of the notice of the charge. The Request does not require marking by Revenue NSW.

The charge continues until the debt is repaid or recovered (section 1138 of the Act).

NOTE: This dealing type must be lodged as Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.

The recording of a charge may be cancelled:

  • on lodgment of a Request form 11R signed by the Secretary or
  • upon registration of a transfer in exercise of power of sale either by the chargee under the charge or by a prior mortgagee. See section 59 Real Property Act 1900.

The Request for cancellation does not require marking by Revenue NSW.

Commonwealth legislation can be accessed at www.legislation.gov.au/

Staff processing information

Refer all cases to Legal through the Senior Examining Officer.

Registration Procedure

On direction from Legal that charge can be registered.

PRIME CODE    CH

DETAILS          Social Security Act 1991

 

Publication Date: March 2024