South Australian Consolidated Acts South Australian Consolidated Acts13—Duties of Minister and Registrar-General
(1) Where the land
sold is under the Real Property Act 1886 , the transfer shall, after
payment to the Minister of the purchase money payable and of the necessary
fees and charges for the stamping and registration of the transfer, be
executed by the Minister and shall be in the Form No 3 in the Schedule, or in
a form to the like effect. The Minister shall forthwith after the execution
thereof cause the memorandum of transfer to be forwarded to the
Registrar-General together with the appropriate fees and charges.
(2) Where the land
sold is not under the Real Property Act 1886 —
(a) the
conveyance shall, after payment to the Minister of the purchase money payable
and of the necessary fees for stamping the conveyance and the other fees and
charges necessary to be paid as provided by subsection (3), be executed
by the Minister;
(b) the
Minister shall forthwith after the execution thereof cause the conveyance to
be forwarded to the Registrar-General, together with the appropriate fees and
charges and together with a request in writing to the Registrar-General to
issue to and in the name of the purchaser, a certificate of title under the
Real Property Act 1886 for the said land.
(3) The
Registrar-General shall, on receipt of any such conveyance and request and
upon payment of such fees and charges as would have been payable if the
request had been an application to bring the land conveyed under the Real
Property Act 1886 and without any further evidence of title or the
necessity of publishing any notice of the said request, forthwith issue to the
purchaser a certificate of title as aforesaid.
Before issuing a certificate of title as aforesaid the Registrar-General may
require the Director of Lands to deposit with him a plan or map of the land
conveyed, as if the request had been an application to bring the land conveyed
under the Real Property Act 1886 .
(4) Notwithstanding
the provisions of the Real Property Act 1886 , but subject to
subsection (5), the registration of a memorandum of transfer as aforesaid
or issue of a certificate of title as aforesaid shall, when the land
transferred is not comprised in a Crown lease, vest in the purchaser an
indefeasible estate in fee simple in the land free from any mortgage, lease,
tenancy, encumbrance or charge and shall, when the land transferred is
comprised in any Crown lease, vest in the purchaser the interest in the Crown
lease free from any mortgage, other lease, tenancy, encumbrance, or charge.
Where any transfer or conveyance is made in professed exercise of the power of
sale conferred by this Act, the title of the purchaser shall not be
impeachable on the ground that no case had arisen to authorise the sale or
that due notice was not given or that the power was otherwise improperly or
irregularly exercised; but any person damnified by an unauthorised or improper
or irregular exercise of the power shall have his remedy in damages against
the Minister.
(5) If any land so
sold is comprised in a limited certificate of title within the meaning of the
Real Property (Registration of Titles) Act 1945 , and issued pursuant to
that Act, the Registrar-General may, before issuing therefor an ordinary
certificate of title within the meaning of that Act, require the deposit of
such plans of survey or otherwise as he deems necessary.
(6) If any land so
sold is comprised in a Crown lease and any copy thereof is not produced to the
Registrar-General with the memorandum of transfer, the Registrar-General may
issue a provisional copy of the Crown lease which shall be valid and effectual
for all purposes as if it were the original Crown lease.