Western Australian Consolidated Acts Western Australian Consolidated Acts The Registrar with the
consent of the Commissioner may dispense with the production of any duplicate
certificate of title or duplicate instrument (if any) for the purpose of
entering thereon the memorandum by this Act required. If the Registrar
dispenses with the production of a duplicate certificate of title in the case
of a paper title, upon the registration of the dealing the Registrar shall
notify in the memorandum in the Register that no entry of such memorandum has
been made on the duplicate (if any) and such dealing shall thereupon be as
valid and effectual as if such memorandum had been entered. If the Registrar
dispenses with the production of a duplicate certificate of title (if any) in
the case of a digital title, the Registrar shall notify in the memorandum in
the Register that the duplicate certificate of title was not produced and such
dealing shall be as valid and effectual as if such memorandum had been
entered. The Registrar may with the like consent dispense with the production
of the duplicate certificate of title (if any) required to be delivered up
prior to the registration of any person as proprietor on the transmission of
an estate of freehold. Provided always that before registering such dealing or
transmission the Registrar shall require proof by statutory declaration that
the duplicate is not deposited or held as a security or lien and shall give at
least 14 days’ notice of his intention to register such dealing in
at least one newspaper published in the city of Perth or circulating in the
neighbourhood of the land.
[Section 74 amended by No. 81 of 1996
s. 46 and 145(1); No. 6 of 2003 s. 24.]