Property Law Bill 2023
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Safety Committee
Strongly supported the bill as modernising Queensland's property legislation, particularly praising the new statutory seller disclosure scheme that will give buyers more certainty and the right to terminate contracts if sellers fail to disclose required information.
“This modern, up-to-date legislation is what is needed now. In our own constituencies we have all heard about cases where a buyer is put in a situation where they believe that inaccurate or incomplete information has been given to them when making a decision to buy a property or freehold land.”— 2023-10-25View Hansard
Supported the bill as a necessary modernisation of nearly 50-year-old property laws, welcoming the statutory seller disclosure scheme that will create greater clarity and transparency for buyers and sellers alike.
“For buyers and sellers, it is an ongoing safeguard in ensuring that this most significant transaction in their life—the purchase or sale of a property—is undertaken with greater ease, with more transparency and with peace of mind.”— 2023-10-25View Hansard
Supported the bill wholeheartedly, drawing on personal experience of buying a flood-affected property without adequate disclosure to illustrate the value of the new requirements directing buyers to research flood maps before purchase.
“I would have liked to have had the benefit of the changes included in this bill when I was in my 20s and buying my first home to ensure I was directed towards researching and understanding the flood maps so I could take them into consideration when buying.”— 2023-10-25View Hansard
As Attorney-General, replied to the debate defending the bill as a once-in-a-generation rewrite of Queensland's property laws that required extensive consultation to get right, and moved technical amendments to clarify its operation.
“It is something that needed to be done right, so the government makes no apologies for taking the time needed to develop this once-in-a-generation rewrite of Queensland's property laws.”— 2023-10-25View Hansard
That the amendment be agreed to
Party VoteVote on Dr MacMahon's amendment 3, which proposed inserting a new clause 99A requiring sellers to provide building management statements and statements about natural disaster impacts before contracts are signed. The amendment was defeated.
The motion was defeated.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
That the amendments be agreed to
Party VoteVote on Dr MacMahon's amendments 1 and 2, which were consequential amendments to require sellers to disclose building management statements and natural disaster history to prospective buyers. The amendments were defeated.
The motion was defeated.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
Supported the bill's intent but moved amendments to strengthen disclosure requirements, particularly requiring sellers to provide building management statements for existing properties and disclose natural disaster history, arguing buyers and tenants deserve full information about properties they purchase or rent.
“Prospective buyers of existing properties, not just off-the-plan properties, deserve to know what they are entering into, which are often restrictive and undemocratic schemes.”— 2023-10-25View Hansard
Plain English Summary
Overview
This bill replaces Queensland's 50-year-old Property Law Act with modernised legislation that makes property transactions clearer and safer. It introduces a mandatory seller disclosure scheme so buyers receive standardised information before signing contracts, supports electronic conveyancing, and protects parties when settlement is disrupted by emergencies or system failures.
Who it affects
Property buyers and sellers gain clearer rights and obligations through mandatory disclosure requirements. Commercial tenants benefit from improved lease assignment rights, while mortgagors receive enhanced protections against lenders demanding accelerated repayments.
Key changes
- Sellers must provide a disclosure statement and prescribed certificates to buyers before contracts are signed, with buyers able to terminate if disclosure requirements are not met
- Settlement dates automatically extend when adverse events (cyclones, floods, public health emergencies) or computer system failures prevent completion
- Landlords must respond to lease assignment requests within one month and cannot unreasonably refuse - tenants can apply to court if consent is withheld
- Original commercial tenants are released from liability when a subsequent tenant they assigned to later assigns the lease to someone else
- Mortgagors who remedy their default before the lender takes action can avoid accelerated repayment of the entire loan
- Positive covenants in easements (like maintenance obligations) now bind future property owners, providing certainty for shared infrastructure
- The complex perpetuity rules for trusts are replaced with a simple 125-year fixed period
- Limitation period for enforcing deeds reduced from 12 years to 6 years to match contracts