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TRANSFER OF LAND ACT 1893 - SECT 182A

TRANSFER OF LAND ACT 1893 - SECT 182A

182A .         Commissioner and Registrar may determine requirements

        (1AA)         In this section —

        lodge includes deposit, present and file.

        (1)         The Commissioner or the Registrar may determine requirements relating to all or any of the following matters —

            (a)         the lodgment of documents with the Authority, the Commissioner or the Registrar, including (without limitation) —

                  (i)         the types of document that can be lodged electronically under the Electronic Conveyancing Act 2014 section 7(1);

                  (ii)         the form in which documents, or documents of a particular class or type, can be lodged electronically under the Electronic Conveyancing Act 2014 section 7(1);

                  (iii)         the documents that must be lodged or retained when a document is lodged electronically under the Electronic Conveyancing Act 2014 section 7(1);

                  (iv)         how long documents must be retained;

                  (v)         the documents required to support or authenticate a document lodged electronically under the Electronic Conveyancing Act 2014 section 7(1);

        [(b)         deleted]

            (c)         certifications that must be included in or with documents lodged with the Authority, the Commissioner or the Registrar (whether electronically or in paper form), including (without limitation) —

                  (i)         the matters that are required to be certified;

                  (ii)         the persons or classes of persons who may give certifications;

                  (iii)         the form of certifications;

                  (iv)         the evidence showing the truth of a certification that must be retained and how long the evidence must be retained;

            (d)         things (including consents, permissions or approvals) that are required or authorised under this Act or any other written law to accompany or be endorsed on, included in, lodged with or given in relation to a document lodged with the Authority, the Commissioner or the Registrar (whether electronically or in paper form), including (without limitation) —

                  (i)         requiring or permitting action in relation to a thing to be done by electronic means; and

                  (ii)         requiring or permitting a thing that otherwise would be required or authorised to accompany or be endorsed on, included on, lodged with or given in relation to a lodged document to be lodged or given separately;

        [(e)         deleted]

            (f)         the verification of the identity and authority of persons who are parties to a conveyancing transaction or who sign or authorise the signing of documents to be lodged with the Authority, the Commissioner or the Registrar (whether electronically or in paper form), including (without limitation) —

                  (i)         the standards to which identity and authority are to be verified;

                  (ii)         the documents or classes of documents in relation to which verification requirements apply;

                  (iii)         the persons or classes of persons who can undertake verification;

                  (iv)         the evidence showing the steps taken to satisfy the verification requirements that must be retained and how long the evidence must be retained;

            (g)         applications made under this Act to the Commissioner.

        (2)         Requirements determined under this section are not subsidiary legislation for the purposes of the Interpretation Act 1984 , and section 42 of that Act does not apply to them.

        (3)         The Interpretation Act 1984 sections 43 (other than subsection (6)), 44, 48, 50(1), 55 and 56 and Part VIII apply to requirements determined under this section as if they were subsidiary legislation.

        (4)         If there is a conflict or inconsistency between a requirement determined under this section and a regulation made under section 181 or under the Electronic Conveyancing Act 2014 section 46, the regulation prevails to the extent of the conflict or inconsistency.

        (5)         This section does not limit the matters that may be prescribed under section 181.

        [Section 182A inserted: No. 2 of 2014 s. 79; amended: No. 32 of 2018 s. 259; No. 21 of 2022 s. 36.]