REAL PROPERTY ACT 1900 - SECT 121 Administrative review of decisions of Registrar-General

REAL PROPERTY ACT 1900 - SECT 121

121 Administrative review of decisions of Registrar-General

(1) A person aggrieved by a decision of the Registrar-General made in the exercise of a titling and registry function may apply to the Registrar-General for the decision to be reviewed by the Registrar-General under this section.

Note : Titling and registry functions include functions in respect of land that are exercised by the Registrar-General under the Conveyancing Act 1919 or any other Act.

(2) This section extends to the review of a decision of the Registrar-General that is a decision made by the authorised operator and the Registrar-General is entitled to exercise any function exercisable by the authorised operator in making the decision being reviewed even if the delegation of that function to the authorised operator does not permit the Registrar-General to exercise the function.

(3) The Registrar-General may give notice of a review under this section to any person who in the Registrar-General's opinion may be affected by the outcome of the review (a
"notified person" ), and a notified person is entitled to submit material for the consideration of the Registrar-General on the review.

(4) On the review of a decision under this section, the Registrar-General is to consider any relevant material submitted by the applicant or a notified person within the time allowed by the Registrar-General and may either affirm the decision or vary the decision by setting it aside and making a decision in substitution for the decision that is set aside.

(5) If a decision made by the authorised operator is varied on review, the varied decision is to be given effect to by the authorised operator.

(6) As soon as practicable after a review is finalised the Registrar-General must notify the applicant, each notified person who submitted material for consideration and (where appropriate) the authorised operator of the decision on the review and the reasons for the decision.

(7) A review under this section is taken to be finalised when--

(a) the applicant is notified by the Registrar-General of the decision on the review, or

(b) the applicant is not notified of the decision on the review within 42 days after the application for the review is lodged (or such other period as the Registrar-General and the applicant may agree on).

(8) The regulations may make provision for or with respect to a review under this section, including (without limitation) for or with respect to any of the following--

(a) the time within which an application for review may be made,

(b) the fee to accompany an application for review,

(c) the information required to accompany an application for review,

(d) excluding any class of decisions from the operation of this section.

(9) A review under this section does not affect any right that a person may have to take proceedings against the Registrar-General.