Memorials (Acts of Parliament)

ADIS Code - MAP

Various acts specify that certain memorials and documents shall be lodged on various prescribed forms in LPI.

The memorials were registered in the Supreme Court until, pursuant to s2 Transfer of Records Act 1923, registration of these documents was transferred to the Registrar General's Office, now LPI.

The lodgment of memorials, usually in the form of an affidavit, is rare and the relevant legislation must be investigated to establish requirements as regards the approved form, evidence, execution etc.  Time limits often exist in the legislation, usually requiring lodgment within 30 days or one calendar month from the date of the election of a chairperson and/or committee member.  The date of election may be incorporated within the affidavit or an additional statutory declaration.

Australian Jockey Club Act 1873

A memorial pursuant to s5 Australian Jockey Club Act 1873 is registered upon the election of a chairperson and/or committee member.  The memorial contains the name of the newly elected chairman or committee member and is signed by and the majority of the committee.

"Memorial of [name of chairperson of the committee] of the Australian Jockey Club to be recorded at the Land and Property Information State of New South Wales pursuant to an Act of Parliament of New South Wales passed on [date].

Name of Chairman ...

Names of committee ...

Signed by the Chairman

Signed by the committee [being a majority of the members of the committee]

"I [name and address of the witness] make oath and say that I was present and did see the foregoing memorial signed by the abovenamed chairperson and also by the respective members of the committee whose names appear thereto and that the members of the committee signing form a majority of the committee of the Australian Jockey Club.

Sworn this [date] before me".

Lodgment requirements

Stamp duty - Not required.

Registration copy - Required.  If unacceptable, Registration insisted upon is prohibited.

Statement of Title Particulars form - Not required.

NOS form - Not required.

Index Particulars form  (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Memorial Pursuant to Acts of Parliament

(C) Locality - Not required.

Link Conveyance - Not required.

Principal Deed - Not required.

(D) Indexing - The party affected by the memorial.

(E) Certification - Required.

Statement of Title Particulars form - Not required.

NOS form - Not required.

Document requirements 

Date:  must be dated with the date of execution.  The memoriaI must include the date of the election or the details of the date of election must be stated in a statutory declaration by either the secretary, chairman or a committee member.

Name:  the full name of the club or company is required and the name of the newly elected chairperson and/or committee member.  The names of the committee members who form a majority may be stated.  Advise the lodging party of any discrepancies in names.  Variations in the club or company name are to be indexed.

Operative clause:  "... pursuant to Act of Parliament ...".

Execution:  usually by the newly elected chairperson and/or committee member and in some cases also the majority of the members of the committee, see the relevant legislation for requirements.

Attestation:  required.  By a prescribed functionary if the memorial is in the form of an affidavit.

IPF:  must be completed.

Staff processing information

Indexing

Locality:  nil.

Link Conveyance:  nil.

Principal Deed:  nil.

Noting:  nil.

V:  the club or company and any variations thereof.

P:  nil.