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.]