TRANSFER OF LAND ACT 1893 - SECT 238B

TRANSFER OF LAND ACT 1893 - SECT 238B

238B .         Resubmission of document lodged electronically if data capture defective

        (1)         This section applies if —

            (a)         a document is lodged electronically under the Electronic Conveyancing Act 2014 section 7(1); and

            (b)         for any reason it is impracticable to properly capture the data in the document.

        (2)         If this section applies —

            (a)         the Registrar may refuse to complete or to proceed with the registration of the document or, as the case requires, to make any entry or do any other act in relation to the document; and

            (b)         the Registrar must —

                  (i)         notify the refusal to the subscriber lodging the document; and

                  (ii)         request the subscriber to resubmit the document.

        (3)         If subsection (2) applies —

            (a)         the priority of the document is not affected as long as it is resubmitted within 2 months after the date on which it was lodged or any longer period the Registrar allows; and

            (b)         if the document is not resubmitted in accordance with this section within the period applicable under paragraph (a), it is to be taken never to have been lodged.

        (4)         If subsection (3)(b) applies to the document, then —

            (a)         if the impracticability of properly capturing the data in the document was not due, in whole or in part, to any fault on the part of the subscriber that lodged the document or any person for whom the subscriber was acting at the time of lodging the document, or the ELNO that operates the ELN by means of which the document was lodged, all fees paid on the lodging of the document must be refunded; and

            (b)         if paragraph (a) does not apply —

                  (i)         the Registrar must retain from the fees paid on the lodging of the document (the fees ) the amount prescribed by the regulations (the prescribed amount ); and

                  (ii)         the prescribed amount is forfeited and must be dealt with under section 190; and

                  (iii)         the amount (if any) that is the difference between the fees and the prescribed amount must be returned to the subscriber that lodged the document when the document is withdrawn from lodgment.

        (5)         This section is in addition to the powers conferred by section 192.

        [Section 238B inserted: No. 2 of 2014 s. 89.]