Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 26S

Registrar's discretions

26S. Registrar's discretions



(1) The Registrar may-

   (a)  refuse to bring land under this Act by means of a conversion scheme in
        Division 2 if in the Registrar's opinion-

   (i)  the documents lodged under the conversion scheme are unsatisfactory or
        incomplete; or

   (ii) the information in a document lodged under the scheme conflicts with
        the information in records kept in the office of the Registrar-General
        or in the Office of Titles; or

   (iii) insufficient information has been supplied to enable the Registrar to
        create a folio of the Register under Division 2; or

   (iv) because of the time involved in processing and checking documents or
        for any other reason it is not convenient to bring the land under this
        Act by using a conversion scheme under Division 2;



   (b)  create a provisional folio or identified folio under Division 3 if-

   (i)  a conversion scheme under Division 2 has been used in respect of the
        land and the Registrar is satisfied that an ordinary folio or
        provisional folio should not be created under Division 2 for the
        reasons set out in paragraph (a); or

   (ii) in any other case, the Registrar considers it appropriate to do so;

   (c)  create an identified folio under Division 3 for land if the Registrar
        is not satisfied that a provisional folio should be created under that
        Division;

   (d)  create an identified folio for land not under the operation of this
        Act which the Registrar can identify from the records held in the
        Office of Titles or in the office of the Registrar-General;

   (e)  create a new identified folio for land or part of the land in an
        existing identified folio or provisional folio;

   (f)  refuse to create any folio of the Register for land if a folio of the
        Register has already been created for that land;

   (g)  refuse to create any folio for the land if the land is not able to be
        identified;

   (h)  amend an identified folio or provisional folio created under Division
        3 to record such particulars as the Registrar thinks fit of any
        encumbrance or other estate or interest which the Registrar is
        satisfied affects the land;

        (i)    cancel a provisional folio created under Division 3, if an
               ordinary folio or a provisional folio under Division 2 is
               created for the land;

   (j)  cancel a provisional folio created under Division 2, if an ordinary
        folio is created for the land;

   (k)  cancel an identified folio if an ordinary folio or provisional folio
        is created for the land.

(2) If the Registrar refuses to bring land under this Act by means of a
conversion scheme under Division 2, the Registrar must give notice of the
refusal and the reasons for it to the person who lodged the legal
practitioner's certificate relating to the title of the land.

(3) If the Registrar refuses to bring land under this Act by the creation of a
provisional folio under Division 3, the Registrar must give notice of the
refusal and the reasons for it to the person who lodged the specified dealing
or application relating to the land.

(4) Section 116 does not apply to the Registrar's refusal to bring land under
this Act under Division 2.

(5) The Registrar is not to be treated as having notice of the contents of a
document merely because the document was lodged with or produced to the
Registrar under this Part or deposited with the Registrar-General.

(6) If documents are lodged with the Registrar under this Part, the Registrar
is not required to examine any document lodged with, or referred to in, the
legal practitioner's certificate or produced to the Registrar or deposited
with the Registrar-General, before bringing the land concerned under the
operation of this Act.

(7) The refusal of the Registrar to bring land under this Act by a conversion
scheme under Division 2 does not prevent the Registrar from bringing the land
under this Act under Division 3.