5Constructive notice: Restriction on

### 5 Constructive notice: Restriction on > > (1)  A purchaser shall not be prejudicially affected by notice of any instrument, fact, or thing, unless – > > > > > > (a) it is within his own knowledge, or would have come to his knowledge if such inquiries and inspections had been made as ought reasonably to have been made by him; or > > > > > > > (b) [*\[Section 5 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja14@GC1@EN) in the same transaction with respect to which a question of notice to the purchaser arises, it has come to the knowledge of his counsel, as such, or of his Australian legal practitioner, or other agent, as such, or would have come to the knowledge of his Australian legal practitioner, or other agent, as such, if such inquiries and inspections had been made as ought reasonably to have been made by the Australian legal practitioner or other agent. > > > (1A)  *\[Section 5 Subsection (1A) inserted by No. 101 of 1973, s. 2 \]**\[Section 5 Subsection (1A) amended by No. 9 of 1982, s. 7 and Sched. 10 \]*For the purposes of this section, a purchaser is not bound to inquire concerning, or to inspect – > > > > > > (a) [*\[Section 5 Subsection (1A) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001\]*](/view/html/inforce/2001-07-15/act-2001-042#JS1@Ja14@GC1@Hpa@EN) the register kept pursuant to section 265 of the Corporations Act; or > > > > > > > (b) [*\[Section 5 Subsection (1A) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001\]*](/view/html/inforce/2001-07-15/act-2001-042#JS1@Ja14@GC1@Hpb@EN) the copies of instruments or the register of charges required by section 271 of the Corporations Act to be kept by a company. > > > (2)  This section shall not exempt a purchaser from any liability under, or any obligation to perform or observe, any covenant, condition, provision, or restriction contained in any instrument under which his title is derived, mediately or immediately; and such liability or obligation may be enforced in the same manner and to the same extent as if this section had not been enacted. > > > (3)  A purchaser shall not by reason of anything in this section be affected by notice in any case where he would not have been so affected if this section had not been enacted.