Section 59:
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
59. Registration Duty Act section 19 – Land (Duties and Taxes) Act section 28 – Constitution sections 3 and 8 – Violation—In this case it was contended that section 19 of the Registration Duty Act and section 28 of the
Land (Duties and Taxes) Act violated sections 3 and 8 of the Constitution.
HELD both sections violate section 3 and 8 of the Constitution. They are
at variance with the limitative grounds on which land may be compulsorily
acquired, and do not contain the necessary provision for access to the Court.
Section 19 of the Registration Duty Act requires the purchaser to be
aware that the State’s right of pre-emption is a resolutory condition of the
purchase. This legal fiction is a colourable device designed to circumvent
provisions of the Constitution. Paul v Registrar-General (1989).