South Australian Consolidated Acts South Australian Consolidated Acts17A—Procedure where the whereabouts of certain persons is unknown
(1) Where—
(a)
application is made to the Registrar-General under Division 4; and
(b) a
person's consent to the application, or in respect to some other related
matter under the relevant Division, is required; and
(c) the
Registrar-General is satisfied by such evidence as the Registrar-General may
require—
(i)
that the applicant has been unable, after making
reasonable inquiries, to ascertain the whereabouts of the person; and
(ii)
that the applicant has complied with the notice
requirements under subsection (2); and
(iii)
that at least 28 days have elapsed since the applicant
complied with those requirements; and
(iv)
that no objection has been lodged by the person; and
(d) the
Registrar-General determines (in his or her absolute discretion) that it is
reasonable to proceed without the consent,
the person will be taken to have given his or her consent, and,
notwithstanding the Real Property Act 1886 , the Registrar-General may,
if he or she thinks fit, dispense with the requirement that a duplicate
certificate of title be produced for the purpose of any dealing to which the
person's consent is taken to have been given if the duplicate certificate of
title would normally be produced by that person.
(2) The notice
requirements referred to in subsection (1)(c)(ii) are that the applicant
has—
(a)
posted to the person whose consent is required, at the last address of the
person appearing in the Register Book, a notice containing the prescribed
information; and
(b)
published a copy of the notice in a newspaper circulating generally throughout
the State; and
(c) in a
case involving an encroachment, left a copy of the notice in a conspicuous
place on or near the land over which the encroachment has occurred.