REAL PROPERTY ACT 1900 - SECT 39
Treatment of dealings that do not comply with requirements
REAL PROPERTY ACT 1900 - SECT 39
Treatment of dealings that do not comply with requirements
39 Treatment of dealings that do not comply with requirements
(1) The Registrar-General shall not register any dealing purporting to
transfer or otherwise to deal with or affect any estate or interest in land
under the provisions of this Act, except in the manner herein provided, and
the Registrar-General may reject any dealing which the Registrar-General is
satisfied should not be registered.
(1A) The Registrar-General--
(a) may
refuse to register, or may reject, any dealing lodged for registration, and
(b) may reject any memorandum, caveat or priority notice lodged with the
Registrar-General,
that does not comply with any requirement made, with
respect to the dealing, memorandum, caveat or priority notice, as the case may
be, by or under this or any other Act.
(1B) The Registrar-General may--
(a)
refuse to accept for registration--
(i) a dealing purporting to transfer or
otherwise to deal with or affect any estate or interest in land under the
provisions of this Act, or
(ii) an application to effect a change in the name
of a registered proprietor, or
(b) refuse to register such a dealing or
application, or
if it is not
accompanied by a fully completed notice in the approved form.
(1C) For the
purposes of subsection (1B), a dealing or application is taken to be
accompanied by a notice in the approved form if, before the presentation of
the dealing or application, a notice relating to the dealing or application is
lodged electronically in a form and in the manner approved by the
Registrar-General.
(2) The Registrar-General may, at the Registrar-General's
discretion, register a dealing notwithstanding any error therein or omission
therefrom and, in such case, the error or omission shall not invalidate the
registration of the dealing.
(3) Instead of rejecting any dealing containing
a patent error, the Registrar-General may of the Registrar-General's own
motion correct the error by marginal notation on the dealing, and the dealing
so corrected shall have the like validity and effect as if the error had not
been made.