Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Any of the following persons may lodge with the Recorder a priority notice in accordance with subsection (2):
(a) a registered proprietor;
(b) a person entitled to deal with registered land;
(c) a person who has contracted in good faith and for value to deal with a person referred to in paragraph (a) or paragraph (b) or is entitled to execute and lodge dealings as and in the cases prescribed under section 49(2);
(d) the legal practitioner for a person referred to in paragraph (a), paragraph (b), or paragraph (c); and
(e) a person authorized in writing to do so by any of the persons referred to in paragraphs (a), (b), (c), and (d); and
(f) the Director of Public Prosecutions where a restraining order has been made under section 18 of the Criminal Injuries Compensation Act 1976.
(2) A priority notice –
(a) shall be in an approved form;
(b) except as provided by subsection (5A), limits a period, not exceeding 60 days, after the day on which the notice is lodged with the Recorder during which priority shall be reserved for lodgment of the dealing specified in the notice;
(c) shall, when lodged, be dealt with by the Recorder in the prescribed manner; and
(d) operates to prevent registration or recording of any dealing lodged with, or served on, the Recorder after the lodgment of the priority notice, except as is otherwise provided in subsections (3), (5), (5A) and (7).
(3) If a dealing specified in a priority notice is lodged with the Recorder within the period limited in the priority notice or, if that period expires on a day on which the office of the Recorder is closed, on the next day on which the office is open, that dealing shall, subject to subsections (4), (5), (5A) and (6) be registered, notwithstanding the lodgment with the Recorder of any other dealing after the lodgment of the priority notice.
(4) Subsection (3) does not authorize the registration of a dealing executed by a person entitled to be registered as the proprietor of registered land otherwise than as and in the cases prescribed under section 49(2).
(5) Except as provided by subsection (5A), a priority notice ceases to have effect –
(a) if no dealing specified in the priority notice is lodged with the Recorder within the period limited in the priority notice, at the expiration of that period; or
(b) if a dealing specified in the priority notice is lodged within the period limited in the priority notice, when all dealings –
have been registered, have been withdrawn from registration, or have been refused registration.(i) which are specified in the priority notice; and
(ii) which have been lodged with the Recorder within the period limited in the priority notice –
(5A) A priority notice lodged by the Director of Public Prosecutions under subsection (1)(f) –
(a) reserves priority, for the period commencing after the day on which the notice is lodged with the Recorder and ending on the day on which the notice ceases to have effect, for lodgment of the dealing specified in the notice; and
(b) ceases to have effect when –
(i) the restraining order to which the notice relates ceases to have effect under section 23 of the Criminal Injuries Compensation Act 1976; or
(ii) the notice is withdrawn; or
(iii) the notice is otherwise removed under this section; or
(iv) if the dealing specified in the notice is lodged – the dealing is registered, withdrawn from registration or refused registration.
(5B) If a judge extends the period during which a restraining order to which a priority notice lodged under subsection (1)(f) relates is in force the Director may apply to the Recorder, on a form approved by the Recorder, to record particulars of the extension on the priority notice.
(5C) The Recorder may, if satisfied that an application under subsection (5B) is in order, record particulars of the extension on the relevant priority notice.
(6) After a priority notice ceases to have effect pursuant to subsection (5) or (5A), dealings lodged with, or served on, the Recorder while the priority notice was effective in respect of the land to which the priority notice relates shall be dealt with in the same manner, shall have the same priority as between themselves, and shall be as effectual, as if the priority notice had not been lodged.
(7) A priority notice does not prevent the registration or recording of a dealing lodged by the Crown or a public or local authority –
(a) pursuant to a power –
(i) to resume or take land;
(ii) to restrict the use or alienation of land;
(iii) to erect works on land; or
(iv) to give notice of its intention to do any one or more of the things referred to in subparagraphs (i), (ii), and (iii); or
(b) in prescribed circumstances or subject to prescribed conditions.
(8) Where a dealing is lodged for registration but its registration is prevented by a priority notice, the Recorder shall, as soon as practicable, notify the person who has lodged the dealing that it is so affected.
(9) Notwithstanding any other provision of this section, a person by whom or on whose behalf a priority notice has been lodged may, notwithstanding the notice, consent to the registration of a specified dealing, and the dealing to the registration of which he has consented may, if the consent is lodged with it, be registered as if the priority notice had not been lodged.
(10) A person who has lodged a priority notice may withdraw it by lodging with the Recorder a notice of withdrawal in an approved form.
(11) The Recorder shall not be concerned to satisfy himself that a person lodging a priority notice is a person entitled or authorized to do so pursuant to subsection (1).
(12) A person who lodges a priority notice with the Recorder and who is not entitled or authorized to do so under this section is liable to any person who may have sustained damage as a result of the priority notice being lodged for such compensation as a judge, on a summons in chambers, deems just.
(13) The cost of a summons referred to in subsection (12) and all proceedings in connection with the summons shall be in the discretion of the judge, and execution may issue for the amount of compensation, if any, and of costs ordered by him to be paid in the same manner as if the amount of compensation and costs had been recovered by a judgment in an action in the Supreme Court.
(14) A person having an interest in land to which a priority notice relates may take out a summons requiring the person who lodged the notice to show cause to a judge in chambers why the priority notice should not be removed.
(15) On the return of a summons under subsection (14), the judge may refer the matter to the Supreme Court, and the judge or the Court may make such an order as to him or it seems just, and may provide for the costs of the proceedings.
(16) The Recorder shall, upon being served with an order made under subsection (15), give effect to the order so far as it relates to matters under his control.