Land and Business (Sale and Conveyancing) Regulations 2010

Part 5—Transitional provisions

7—Interpretation

In this Part—

revoked regulations means the regulations revoked by clause 6.

8—Vendor's statement prepared before commencement of regulations

(1) A vendor's statement for the purposes of Part 2 of the Land and Business (Sale and Conveyancing) Act 1994 prepared before 31 August 2010 will be taken to comply with these regulations if the statement—

(a) was prepared not more than 2 months before that date; and

(b) complies with the Act and the revoked regulations as in force immediately before that date; and

(c) is accurate as at the date of service of the statement on the purchaser.

(2) A reference in this clause to the date of service of a vendor's statement is, where a notice of amendment to the statement is served for the purposes of section 10 of the Land and Business (Sale and Conveyancing) Act 1994, a reference to the presumed date of service of the statement under that section.

9—Use of old form of vendor's statement after commencement of regulations

(1) A vendor's statement for the purposes of Part 2 of the Land and Business (Sale and Conveyancing) Act 1994 prepared on or after 31 August 2010 will be taken to be in the form required by regulation 8 of these regulations if it—

(a) is prepared not later than 1 December 2010; and

(b) is in the form that would have been required by the revoked regulations as they would have been in force on 31 August 2010 had these regulations, apart from Part 2 of this Schedule, not been made.

(2) A vendor's statement for the purposes of Part 2 of the Land and Business (Sale and Conveyancing) Act 1994 prepared on or after 31 August 2010 will be taken to be in the form required by regulation 10 of these regulations if it—

(a) is prepared not later than 1 December 2010; and

(b) is in the form that would have been required by the revoked regulations as they would have been in force on 31 August 2010 had these regulations, apart from Part 2 of this Schedule, not been made.

(3) A vendor's statement for the purposes of Part 2 of the Land and Business (Sale and Conveyancing) Act 1994 prepared on or after 31 August 2010 will be taken to contain the particulars required by Form 2 Schedule 1 Division 2 item 9(5) of these regulations if it—

(a) is prepared not later than 1 December 2010; and

(b) contains the particulars required by Form 2 Schedule 1 Division 2 item 9(5) and (6) of the revoked regulations as they would have been in force on 31 August 2010 had these regulations, apart from Part 2 of this Schedule, not been made; and

(c) is accurate in respect of those particulars as at the date of service of the statement on the purchaser.

10—Use of old notices, etc, after commencement of regulations

(1) A notice delivered, served or made available for perusal not later than 1 December 2010 that complies with the requirements of regulation 15A and Schedule 1A of the revoked regulations will be taken to comply with the requirements of regulation 17 and Schedule 2 of these regulations.

(2) Information or warnings given not later than 1 December 2010 that are in the form required by regulation 16C and Schedule 2A of the revoked regulations will be taken to be in the form required by regulation 21 and Schedule 4 of these regulations.

(3) A disclosure made not later than 1 December 2010 that is in the form required by regulation 16D and Schedule 2B of the revoked regulations will be taken to be in the form required by regulation 22 and Schedule 5 of these regulations.

(4) A notice given not later than 1 December 2010 that is in the form required by regulation 16J and Schedule 2D of the revoked regulations will be taken to be in the form required by regulation 28 and Schedule 7 of these regulations.

(5) In this clause, a reference to the revoked regulations means the revoked regulations as they would have been in force on 31 August 2010 had these regulations, apart from Part 2 of this Schedule, not been made.

Legislative history

Notes

• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.

Legislation revoked by principal regulations

The Land and Business (Sale and Conveyancing) Regulations 2010 revoked the following:

Land and Business (Sale and Conveyancing) Regulations 1995

Legislation varied by principal regulations

The Land and Business (Sale and Conveyancing) Regulations 2010 varied the following:

Land and Business (Sale and Conveyancing) (Site Contamination) Variation Regulations 2009

Principal regulations and variations

New entries appear in bold.

Year	No	Reference	Commencement
2010	196	Gazette 26.8.2010 p4478	26.8.2010 except Sch 10 Pt 3—27.8.2010 and except rr 3—32, Schs 1—9, Sch 10 Pts 4 & 5—31.8.2010: r 2
2011	84	Gazette 9.6.2011 p2121	1.7.2011: r 2
2012	94	Gazette 31.5.2012 p2396	1.7.2012: r 2
2013	142	Gazette 6.6.2013 p2363	1.7.2013: r 2
2013	262	Gazette 21.11.2013 p4302	1.1.2014: r 2
2013	312	Gazette 19.12.2013 p5148	1.1.2014: r 2
2014	56	Gazette 13.2.2014 p947	13.2.2014: r 2
2014	122	Gazette 19.6.2014 p2619	1.7.2014: r 2
2015	80	Gazette 18.6.2015 p2605	1.7.2015: r 2
2016	130	Gazette 23.6.2016 p2343	1.7.2016: r 2
2016	174	Gazette 30.6.2016 p2801	4.7.2016: r 2
2016	260	Gazette 15.11.2016 p4412	15.3.2017: r 2
2017	69	Gazette 23.5.2017 p1757	1.7.2017: r 2

Provisions varied

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Pt 2
r 2	omitted under Legislation Revision and Publication Act 2002	1.7.2011
r 3
r 3(1)
council search report	varied by 312/2013 r 4(1)	1.1.2014
property interest report	varied by 312/2013 r 4(2)	1.1.2014
r 7	varied by 260/2016 r 4	15.3.2017
r 8	substituted by 312/2013 r 5	1.1.2014
	substituted by 56/2014 r 4	13.2.2014
r 10	varied by 312/2013 r 6	1.1.2014
r 11	varied by 312/2013 r 7	1.1.2014
r 15	deleted by 262/2013 r 4	1.1.2014
r 16
r 16(3)	varied by 174/2016 r 4	4.7.2016
r 19
r 19(2)	varied by 262/2013 r 5(1)	1.1.2014
r 19(4)	varied by 260/2016 r 5	15.3.2017
r 19(6) and (7)	inserted by 262/2013 r 5(2)	1.1.2014
r 20	varied by 262/2013 r 6(1), (2)	1.1.2014
r 20A	inserted by 262/2013 r 7	1.1.2014
r 21	substituted by 262/2013 r 8	1.1.2014
r 25
r 25(1)	varied by 262/2013 r 9	1.1.2014
r 26	substituted by 262/2013 r 10	1.1.2014
r 27
r 27(1)	deleted by 262/2013 r 11	1.1.2014
r 28	substituted by 262/2013 r 12	1.1.2014
Pt 3A	inserted by 262/2013 r 13	1.1.2014
r 31A	varied by 56/2014 r 5	13.2.2014
r 31B
r 31B(1)	varied by 56/2014 r 6(1)	13.2.2014
r 31B(2)	substituted by 56/2014 r 6(2)	13.2.2014
r 31B(3)	inserted by 56/2014 r 6(2)	13.2.2014
r 31D	deleted by 56/2014 r 7	13.2.2014
Pt 4
r 32	(a) deleted by 262/2013 r 14	1.1.2014
Sch 1
Form 1	substituted by 312/2013 r 8	1.1.2014
	varied by 56/2014 r 8(1)—(3)	13.2.2014
	varied by 174/2016 r 5(1)	4.7.2016
Form 2	substituted by 312/2013 r 9	1.1.2014
	varied by 174/2016 r 5(2)	4.7.2016
Form 4	deleted by 312/2013 r 10	1.1.2014
Sch 3	substituted by 312/2013 r 11	1.1.2014
Sch 4	substituted by 262/2013 r 15	1.1.2014
Sch 6
cl 1
cl 1(1)	varied by 262/2013 r 16(1)—(3)	1.1.2014
cl 1(2)	varied by 262/2013 r 16(4)	1.1.2014
Sch 7	substituted by 262/2013 r 17	1.1.2014
Sch 8 before substitution by 130/2016
cl 2
cl 2(2)	varied by 84/2011 r 4(1), (2)	1.7.2011
	varied by 94/2011 r 4(1), (2)	1.7.2012
	varied by 142/2013 r 4(1), (2)	1.7.2013
	varied by 122/2014 r 4(1), (2)	1.7.2014
	varied by 80/2015 r 4(1), (2)	1.7.2015
cl 2(3)	varied by 84/2011 r 4(3), (4)	1.7.2011
	varied by 94/2011 r 4(3), (4)	1.7.2012
	varied by 142/2013 r 4(3), (4)	1.7.2013
	varied by 122/2014 r 4(3), (4)	1.7.2014
	varied by 80/2015 r 4(3), (4)	1.7.2015
cl 3
Department	substituted by 312/2013 r 12	1.1.2014
Sch 8	substituted by 130/2016 r 4	1.7.2016
	substituted by 69/2017 r 4	1.7.2017
Sch 10
Pts 1—4	omitted under Legislation Revision and Publication Act 2002	1.7.2011

Transitional etc provisions associated with regulations or variations

Land and Business (Sale and Conveyancing) Variation Regulations 2013 (No 312 of 2013)

13—Transitional provision

(1) In this regulation—

Act means the Land and Business (Sale and Conveyancing) Act 1994;

new requirements means the requirements of the Act and principal regulations as in force after the commencement of the Statutes Amendment (Real Estate Reform Review and Other Matters) Act 2013 and these regulations;

old requirements means the requirements of the Act and principal regulations as in force immediately before the commencement of the Statutes Amendment (Real Estate Reform Review and Other Matters) Act 2013 and these regulations;

principal regulations means the Land and Business (Sale and Conveyancing) Regulations 2010;

vendor, in relation to a vendor's statement, means the vendor of the land or business to which the statement relates and includes any agent, accountant or other person involved in the preparation or use of the statement for the purposes of Part 2 of the Act.

(2) A reference in this regulation to the date of service of a vendor's statement is, where a notice of amendment to the statement is served for the purposes of section 10 of the Act, a reference to the presumed date of service of the statement under that section.

(3) Where a vendor's statement is prepared for the purposes of Part 2 of the Act, the vendor is exempt from compliance with the new requirements relating to the form and content of a vendor's statement if—

(a) the statement is a statement prepared not more than 2 months before and not more than 2 months after the commencement of these regulations; and

(b) the statement has an attachment that is—

(i) if the statement relates to the sale of land only—in the form set out in Schedule 1 of these regulations; or

(ii) if the statement relates to the sale of a small business, or a small business and land—in the form set out in Schedule 2; and

(c) subject to paragraph (b), the statement complies with the old requirements relating to the form and content of the statement; and

(d) the statement is accurate as at the date of service of the statement on the purchaser.

(4) A vendor's statement for which an exemption under this regulation applies to the vendor will be taken to comply with the principal regulations as varied by these regulations.

Schedule 1—Attachment for Form 1

Attachment for Form 1

Notice to Purchaser: Cooling off

To the purchaser:

Your right to notify the vendor in writing of your intention not to be bound by a contract of sale that you have entered into (your right to serve a cooling off notice) and the restrictions on that right, are set out in Part B of the attached vendor's statement.

Owing to recent changes in the law, the description of these matters in Part B is no longer completely accurate. Please note the following changes:

1. Service of cooling off notice

Part B clause 4 sets out the methods of service of a cooling off notice. Please note that in addition to the methods of service of the cooling off notice described in Part B clause 4, the cooling off notice may be transmitted by email to the following email address:

(being an address provided to you by the vendor for the purpose of service of the notice).

Note—

Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994 places the onus of proving the giving of the cooling off notice on the purchaser. It is therefore strongly recommended that if you intend to serve the notice by email, you obtain a record of transmission of the email.

2. Cooling-off by corporations

Part B clause 1(d) currently indicates that a body corporate cannot cool off. That is no longer the case. A body corporate can now cool off if the land is residential land within the meaning of the Land and Business (Sale and Conveyancing) Act 1994.

Schedule 2—Attachment for Form 2

Attachment for Form 2

Notice to Purchaser: Service of cooling off notice

To the purchaser:

Your right to notify the vendor in writing of your intention not to be bound by a contract of sale that you have entered into (your right to serve a cooling off notice) and the restrictions on that right, are set out in Part B of the attached vendor's statement.

Owing to recent changes in the law, please note that in addition to the methods of service of the cooling off notice described in Part B clause 4, the cooling off notice may be transmitted by email to the following email address:

(being an address provided to you by the vendor for the purpose of service of the notice).

Note—

Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994 places the onus of proving the giving of the cooling off notice on the purchaser. It is therefore strongly recommended that if you intend to serve the notice by email, you obtain a record of transmission of the email.

Land and Business (Sale and Conveyancing) Variation Regulations 2014 (No 56 of 2014), Sch 1

1—Interpretation

(1) In this Schedule—

1 January variation regulations means the Land and Business (Sale and Conveyancing) Variation Regulations 2013 (No 312 of 2013, see Gazette 19.12.2013 p5148), which came into operation on 1 January 2014;

Act means the Land and Business (Sale and Conveyancing) Act 1994;

pre 1 January requirements means the requirements of the principal regulations as in force immediately before the commencement of the 1 January variation regulations;

principal regulations means the Land and Business (Sale and Conveyancing) Regulations 2010;

post 1 January requirements means the requirements of the principal regulations as in force immediately before the commencement of these regulations.

(2) A reference in this Schedule to the date of service of a vendor's statement is, where a notice of amendment to the statement is served for the purposes of section 10 of the Act, a reference to the presumed date of service of the statement under that section.

2—Vendor's statement prepared before or after commencement of these regulations that complies with pre 1 January requirements

A vendor's statement for the purposes of section 7 of the Act prepared before or after the commencement of these regulations will be taken to comply with the principal regulations as varied by these regulations if it is a statement for which an exemption applies to the vendor under regulation 13 of the 1 January variation regulations and that is taken under that regulation to comply with the principal regulations as varied by the 1 January variation regulations.

Note—

Regulation 13 of the 1 January variation regulations (a transitional provision) applies only in relation to vendor's statements prepared not more than 2 months before and not more than 2 months after 1 January 2014 that comply with the pre 1 January requirements relating to the form and content of the statement and that satisfy the other requirements of that regulation.

3—Vendor's statement prepared before commencement of these regulations that complies with post 1 January requirements

A vendor's statement for the purposes of section 7 of the Act prepared before the commencement of these regulations will be taken to comply with the principal regulations as varied by these regulations if it—

(a) was prepared on or after 1 January 2014 and before the commencement of these regulations; and

(b) complies with the post 1 January requirements; and

(c) is accurate as at the date of service of the statement on the purchaser.

4—Vendor's statement prepared on or after the commencement of these regulations that complies with post 1 January requirements

A vendor's statement for the purposes of section 7 of the Act prepared on or after the commencement of these regulations will be taken to comply with the principal regulations as varied by these regulations if—

(a) it is prepared not more than 2 months after the commencement of these regulations; and

(b) it complies with the post 1 January requirements; and

(c) it is accurate as at the date of service of the statement on the purchaser.

Historical versions

1.7.2011
1.7.2012
1.7.2013
1.1.2014
13.2.2014
1.7.2014
1.7.2015
1.7.2016 (electronic only)
4.7.2016
15.3.2017

[20.7.2017] This version is not published under the Legislation Revision and Publication Act 2002