TRANSFER OF LAND ACT 1958 - SECT 27B Certificates of title
TRANSFER OF LAND ACT 1958 - SECT 27B
Certificates of title(1) A certificate of title is a document in writing containing the information, or an extract of the information, on a folio of the Register as at the date of production of the certificate of title.
(2) A certificate of title—
(a) must indicate that it is produced by authority of the Registrar, whether by being initialled, signed or sealed by the Registrar, or by bearing a facsimile of those initials or signature or seal, or in any other manner that the Registrar thinks fit; and
(b) must state—
(i) the distinctive identifying reference of the folio of the Register to which it relates; and
(ii) the distinctive identifying reference allocated for that certificate of title; and
(iii) the date on which it was produced.
S. 27B(3) amended by No. 70/2014 s. 7(1).
(3) A certificate of title—
(a) may include any other information that the Registrar considers appropriate, whether in diagramatic form or otherwise; and
(b) may record information contained in the folio of the Register to which it relates in any form that the Registrar considers appropriate, whether in the form in which the information is recorded on that folio or in some other form; and
(c) may be in any form that the Registrar considers appropriate; and
(d) may be produced in any manner that the Registrar considers appropriate.
S. 27B(4) repealed by No. 70/2014 s. 7(2).
* * * * *
S. 27B(5) amended by No. 70/2014 s. 7(3).
(5) The Registrar may at any time vary the form or manner in which certificates of title are produced.
S. 27B(6) amended by No. 42/2017 s. 13.
(6) The Registrar must provide each certificate of title produced under this section to the person entitled to it.
S. 27B(7) amended by Nos 49/2001 s. 5(1), 70/2014 s. 7(4).
(7) Subject to subsections (7A) and (7B), on—
(a) the creation of a folio of the Register; or
(b) the registration of an instrument under this Act, other than an instrument that is not required to be recorded on the certificate of title; or
(c) being required by or under this Act or any other Act to do so—
the Registrar must produce a certificate of title for that folio.
S. 27B(7A) inserted by No. 49/2001 s. 5(2).
(7A) The Registrar is not required to produce a certificate of title for a folio of the Register if that folio is to be amended, substituted or deleted and a new folio immediately created.
S. 27B(7B) inserted by No. 80/2009 s. 13, substituted by No. 70/2014 s. 7(5).
(7B) The Registrar is not required to produce a certificate of title for a folio of the Register if satisfied that it is appropriate in the circumstances to not produce a certificate of title.
S. 27B(7C) inserted by No. 70/2014 s. 7(5).
(7C) The Registrar may produce a certificate of title for a folio if—
(a) a person entitled to receive the certificate of title requests a certificate; and
(b) a certificate does not already exist; and
(c) the Registrar is satisfied that the request is appropriate in the circumstances.
S. 27B(7D) inserted by No. 70/2014 s. 7(5).
(7D) A request under subsection (7C)(a) must be in the approved form.
(8) If the Registrar considers it necessary or convenient to do so, the Registrar may at any time produce a certificate of title for a folio of the Register.
S. 27B(9) amended by No. 49/2001 s. 6(2).
(9) For the purpose of producing a certificate of title for a folio of the Register, the Registrar may call in and, subject to section 27BA, destroy any subsisting certificate of title for that folio.
S. 27B(10) amended by No. 70/2014 s. 7(6).
(10) A person required to submit a certificate of title to the Registrar under subsection (9) need not do so if the person satisfies the Registrar that the certificate has been destroyed, obliterated or lost.
S. 27B(11) amended by No. 49/2001 s. 6(3).
(11) On—
(a) the production of a new certificate of title for a folio of the Register; or
(b) the deletion of a folio from the Register—
any certificate of title subsisting for that folio ceases to have effect, and, upon it being submitted to the Registrar, the Registrar, subject to section 27BA, must destroy it.
(12) The Registrar may, in the same document, include a certificate of title and any other information that the Registrar considers appropriate, but that information is not part of the certificate of title.
S. 27B(13) inserted by No. 85/1998 s. 8.
(13) Despite anything to the contrary in this section, the Registrar must not produce a certificate of title for an identified folio.
S. 27BAA inserted by No. 70/2014 s. 8.