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TRANSFER OF LAND ACT 1893 - SECT 6

TRANSFER OF LAND ACT 1893 - SECT 6

6 .         Deputy Commissioner of Titles

        (1)         The Governor may designate a person, or each of 2 or more persons, to be a Deputy Commissioner of Titles under this Act.

        (2)         A person cannot be a Deputy Commissioner of Titles unless —

            (a)         the person is a member of the Authority’s staff; and

            (b)         the person is a lawyer of not less than 5 years’ standing.

        (2a)         When the Land Information Authority Act 2006 section 105(1) comes into operation a person who, immediately before then, is a Deputy Commissioner of Titles becomes a Deputy Commissioner of Titles as if designated under subsection (1) for the balance of the person’s term of office.

        (3)         When and as often as the Commissioner is incapacitated by illness, absence or other sufficient cause from performing the duties of the Commissioner, a Deputy Commissioner nominated in writing by the Commissioner is to act as, and in the place of, the Commissioner during the Commissioner’s incapacity.

        (3a)         When there is no Commissioner, a Deputy Commissioner nominated in writing by the former Commissioner before ceasing to be the Commissioner is to act as, and in the place of, the Commissioner.

        (3b)         If, in a circumstance described in subsection (3) or (3a), there is no Deputy Commissioner who has been nominated as described in that subsection and is able to act, a Deputy Commissioner nominated in writing by the Minister, is to act as, and in the place of, the Commissioner.

        (4)         A Deputy Commissioner while acting as Commissioner has all the powers of, and shall perform all the duties and functions of, the Commissioner, except the power of delegation conferred by section 15.

        [(5), (6)         deleted]

        (7)         The exercise by a Deputy Commissioner of any power or function pursuant to this section is sufficient evidence of his authority to do so, and no person shall be concerned to inquire as to that authority or be affected by any notice in relation thereto.

        (8)         A Deputy Commissioner is subject in all matters to the direction and control of the Commissioner.

        [Section 6 inserted: No. 14 of 1972 s. 2; amended: No. 32 of 1994 s. 18; No. 6 of 2003 s. 5; No. 65 of 2003 s. 120(3); No. 60 of 2006 s. 105; No. 21 of 2008 s. 711(4); No. 9 of 2022 s. 424.]