Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 26T

Documents lodged in support of application

26T. Documents lodged in support of application



(1) The Registrar must retain documents which have been lodged under this Part
unless the Registrar returns a document in accordance with subsection (2) or
(3) or another provision of this Part.

(2) The Registrar must on request return to the person who lodged it or
appears to be entitled to it any document which has been lodged under this
Part and which-

   (a)  relates to land which is brought under this Act and is a subsisting
        lease, mortgage or charge; or

   (b)  relates to land which is not brought under the operation of this Act
        and-

   (i)  is a subsisting lease, mortgage or charge; or

   (ii) is the last deed which constitutes, or are the last deeds which
        together constitute, the fee or equity of redemption.

(3) The Registrar may-

   (a)  on request return to the person who lodged it or appears to be
        entitled to it any document which has been lodged under this Part and
        which the Registrar is not required to return under subsection (2);
        and

   (b)  impose conditions or requirements in relation to the return of that
        document.





(4) Before returning a document under subsection (2) or (3) the Registrar must
take a copy or require a copy to be taken of the document and must retain that
copy with other documents lodged under the conversion scheme.

(5) No action shall be brought on-

   (a)  any covenant or agreement for the production of any documents retained
        under this section; or

   (b)  any agreement to give or enter into a covenant for the production of
        any documents retained under this section.

(6) If any action referred to in subsection (5) is commenced it is a
sufficient answer to that action that the documents are retained under this
Act.