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Committee’s report

The committee tabled its Report No. 45, 57th Parliament - Property Law Bill 2023 on 14 April 2023. The Bill passed with amendment on 25 October 2023.

View: Report
View: Government Response
View: Parliamentary debate on the Bill
24 October 2023 transcript pages 3116 - 3123; 25 October 2023 transcript pages 3222-3237
The debate can be viewed by clicking on the movie icon within the transcripts.

About the Bill 

On 23 February 2023 the Hon Shannon Fentiman MP, Minister for Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence introduced the Property Law Bill 2023 into the Queensland Parliament.  The Bill was referred to the Legal Affairs and Safety Committee for detailed consideration.   

View: Explanatory speech 
View: Bill 
View: Explanatory Notes 
View: Statement of compatibility 

Draft regulation tabled with the Bill

View: Draft Property Law Regulation 2023, No. xx
View: Draft Body Corporate and Community Management and Other Legislation Amendment Regulation 2023, No. xx

Objectives of the Bill

The Property Law Act 1974 (PLA) governs many aspects of Queensland’s property law, including: general rules affecting property; the creation and disposition of interests in land; coownership; deeds; covenants; mortgages; leases; the rule against perpetuities; and old system land. The PLA commenced in December 1975 and has not been substantially amended since. 

The primary objective of the Bill is to replace the PLA with a new, modernised property law Act, drafted broadly in accordance with the recommendations of the Property Law Act 1974 – Final Report (2018) (PLA Report) prepared by the Commercial and Property Law Research Centre at Queensland University of Technology (QUT). 

The PLA Report was prepared after a broad-ranging, independent review of Queensland’s property laws, including a review of the PLA. It also involved a review of like provisions in other jurisdictions and substantial consultation with a wide range of stakeholders who were generally supportive of the recommendations of the PLA Report. 

In generally adopting the recommendation of PLA Report, the Bill will simplify, streamline and modernise Queensland’s property legislation, better facilitate e-conveyancing and electronic transactions and remove outdated provisions. 

The Bill also implements a new statutory seller disclosure scheme drafted broadly in accordance with the recommendations of the Final Report: Seller Disclosure in Queensland (2017) also prepared by QUT (Seller Disclosure Report). 

In generally adopting the recommendations of the Seller Disclosure Report, the Bill will create a more certain, co-ordinated and transparent regime for the sale of freehold land in Queensland by promoting consistency and clarity of disclosure. It will also simplify and consolidate the current obligations under the common law, statute and contract. 

Buyers will benefit from being in a more informed position prior to signing a contract to purchase land with a view to minimising disputes that currently arise if defects in title are discovered after the contract is signed, thereby avoiding or minimising future litigation and associated costs.

Further information

Further information including written briefings from the department, the response to submissions, transcripts from proceedings and answers to questions taken on notice are under the Related Publications tab.

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