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

Aboriginal Corporations, Aboriginal Associations, The New South Wales Aboriginal Land Council, Local Aboriginal Land Councils, etc

The following applies to Real Property Act dealings, Water Access Licence dealings, plans and the General Register.

For all methods of execution, the full name of the signatory, the position held by the signatory and the authority must be stated on the dealing or document.

Aboriginal Corporations Incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)

Search www.oric.gov.au for Aboriginal corporations and corporation documents including constitutions.

These corporations have an ICN (Indigenous Corporation Number)

Aboriginal corporations incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) may or may not have an ACN.

A dealing or document executed by an Aboriginal corporation incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) must be executed in one of the following ways:

  • in accordance with clause 99-5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) or
  • in accordance with a company resolution with minutes of meeting attached or
  • in accordance with a company's constitution and a copy of the constitution must be provided. Reference to the clause of the company's constitution that is relied upon should be referred to on the dealing or document.
  • the Registrar of Aboriginal and Torres Strait Islander Corporations can execute a dealing on behalf of a deregistered Aboriginal and Torres Strait Islander Corporation (s 546.30 of the C(ATSI)A 2006).

Aboriginal Corporations Incorporated with ASIC under the Corporations Act 2001 (Cth)

Search www.asic.gov.au

These corporations have an ACN.

Execution is the same as other corporations incorporated under the Corporations Act 2001 (Cth)

  • Pursuant to s.127 of the Corporations Act 2001 (Cth).
  • In accordance with a company resolution with the minutes of meetings attached.
  • In accordance with a company’s constitution and provide a copy of the relevant clause of the constitution.

The New South Wales Aboriginal Land Council

A dealing or document executed by the New South Wales Aboriginal Land Council must be executed in one of the following ways:

  • pursuant to s.245 of the Aboriginal Land Rights Act 1983 (NSW) without the common seal signed by the Chairperson of the New South Wales Aboriginal Land Council.The signature must be witnessed in the prescribed manner.
  • pursuant to s.245 of the Aboriginal Land Rights Act 1983 (NSW) without the common seal signed by a member, officer or employee of the ALC who is authorised by the Chairperson of the New South Wales Aboriginal Land Council to execute the dealing.  For example 'authorised officer', 'authorised by the Chairperson', 'member of staff authorised by the Chairperson'. The authorisation of the Chairperson must be provided.The signature must be witnessed in the prescribed manner.
  • pursuant to the model rules in clause 10 of schedule 2 Aboriginal Land Rights Regulation 2020 (NSW) with the common seal and signed by 2 councilors of the New South Wales Aboriginal Land Council.

Local Aboriginal Land Councils

A dealing or document by a Local Aboriginal Land Council must be executed in one of the following ways:

  • pursuant to s.245 of the Aboriginal Land Rights Act 1983 (NSW) without the common seal signed by the Chairperson of the Local Aboriginal Land Council.The signature must be witnessed in the prescribed manner.
  • pursuant to s.245 of the Aboriginal Land Rights Act 1983 (NSW) without the common seal signed by a member, officer or employee of the Local Aboriginal Land Council who is authorised by the Chairperson of the Local Aboriginal Land Council to execute the dealing.  For example 'authorised officer', 'authorised by the Chairperson', 'member of staff authorised by the Chairperson'.  The authorisation of the Chairperson must be provided.The signature must be witnessed in the prescribed manner.
  • pursuant to the model rules for Local Aboriginal Land Councils in clause 17 of schedule 1 Aboriginal Land Rights Regulation 2020 (NSW) with the common seal and signed by 2 board members of the Local Aboriginal Land Council.

Aboriginal Associations

Search www.fairtrading.nsw.gov.au for Aboriginal associations.

Aboriginal associations do not have an ACN. They have a registration number.

A dealing or document by an Aboriginal association must be executed in one of the following ways:

  • pursuant to section 22(1) of the Associations Incorporation Act 2009 (NSW) without using a common seal signed by 2 authorised signatories
  • pursuant to section 22(2) of the Associations Incorporation Act 2009 (NSW) with a common seal if the seal is fixed to the dealing/plan and the fixing of the seal is witnessed by 2 authorised signatories or
  • pursuant to section 22(5) of the Associations Incorporation Act 2009 (NSW) in accordance with the provisions of the association’s constitution. The relevant clause of the constitution must be stated on the dealing/plan and a copy of the constitution must be provided.

Indigenous Business Australia

The assets of the former ATSIC may be vested in IBA

IBA is a statutory authority established under the ATSIC Amendment Act 2005 (Cth) and was formerly the 'Aboriginal and Torres Strait Islander Commercial Development Corporation'.

If the dealing relates to an asset or liability which is registered in the (former) name, “Aboriginal and Torres Strait Islander Commission”, a certificate under Item 197 of Schedule 1 to the ATSIC Amendment Act 2005 is required

A dealing or document by IBA must be executed pursuant to an instrument of delegation and a copy of that instrument must be provided.

Indigenous Land Corporation

The assets of the former ATSIC may be vested in ILC.

ILC is a statutory authority established under the ATSIC Amendment Act 2005 (Cth).

If the dealing relates to an asset or liability which is registered in the (former) name, 'Aboriginal and Torres Strait Islander Commission', a certificate under Item 197 of Schedule 1 to the ATSIC Amendment Act 2005 is required.
A dealing or document by ILC must be executed pursuant to an instrument of delegation and a copy of that instrument must be provided.

Commonwealth

The assets of the former ATSIC may be vested in the following Commonwealth Government Departments:

1. Department of Families, Housing, Community Services and Indigenous Affairs (FACSIA)

2. Department of Employment and Workplace Relations (DEWR)

3. Department of Communications, Information Technology and the Arts (DCITA)

4. Attorney-Generals Department (AGD) or

5. Department of Health and Aging (DHA).

If the dealing relates to an asset or liability which is registered in the (former) name, 'Aboriginal and Torres Strait Islander Commission', a certificate under Item 197 of Schedule 1 to the ATSIC Amendment Act 2005 is required.

A dealing or document by the Commonwealth should be executed pursuant to an instrument of authority and a copy of that instrument must be provided.

The name of the relevant Commonwealth department should also be inserted on the dealing or document as follows:

Commonwealth of Australia (formerly ATSIC) represented by [insert name of Commonwealth department]

The Aboriginal Housing Office

A dealing or document by the Aboriginal Housing Office must be executed in one of the following ways:

  • pursuant to s.40 of the Aboriginal Housing Act 1998 (NSW) under common seal and signed by the Director-General.
  • pursuant to s.40 of the Aboriginal Housing Act 1998 (NSW) under common seal and signed by a person authorised by the Director-General who is a member of the Aboriginal Housing Office. For example 'authorised officer', 'board member', 'authorised by the Director-General', 'member of staff authorised by the Director-General'. A copy of the authorisation/delegation does not need to be provided.
  • pursuant to s.17 of the Aboriginal Housing Act 1998 (NSW) by a delegate or authorised officer not under company seal. A copy of the delegation/authorisation is not required because DRD2 has a copy of it. The person’s name, signature, and the words 'delegate' is acceptable. Alternatively, the person’s name, signature, and the words 'authorised officer' is acceptable

Aboriginal Co-Operatives

Search www.fairtrading.nsw.gov.au for Aboriginal co-operatives.

A dealing or document by a co-operative may be executed in one of the following ways:

  • pursuant to section 49(1) of the Appendix to the Co-Operatives (Adoption of National Law) Act 2012 under common seal and witnessed by 2 directors or
  • pursuant to section 49(1) of the Appendix to the Co-Operatives (Adoption of National Law) Act 2012 under common seal and witnessed by a director and the secretary of the co-operative or
  • pursuant to section 49(2) of the Appendix to the Co-Operatives (Adoption of National Law) Act 2012 without common seal signed by 2 directors or
  • pursuant to section 49(2) of the Appendix to the Co-Operatives (Adoption of National Law) Act 2012 without common seal signed by a director and the secretary of the co-operative.

Section 49 of the Appendix to the Co-Operatives (Adoption of National Law) Act 2012 does not limit the ways in which a co-operative may execute a document, see section 49(4) of the Appendix to the Co-Operatives (Adoption of National Law) Act 2012.

If doubt exists regarding the authority to execute, the document must be referred to Legal Services through the Senior Examining Officer.

Staff processing Information

Refer to SD31