Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 27B

Certificates of title

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.

(3) Subject to the regulations, 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.

(4) Without limiting subsection (3), a certificate of title may be produced-

   (a)  on paper by manual or mechanical means; or

   (b)  as a computer print-out; or

   (c)  as a reproduction of a document.

(5) Subject to the regulations, the Registrar may at any time vary the form or
manner in which certificates of title are produced.

(6) The Registrar must deliver each certificate of title produced under this
section to the person entitled to it.

(7) Subject to subsection (7A), 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.

(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.

(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.

(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.

(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 or lost.

(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.

(13) Despite anything to the contrary in this section, the Registrar must not
produce a certificate of title for an identified folio.