179Registration of interest in land

179 Registration of interest in land

[Section 179 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(1)  Subsection (2) applies to the registration of the following under the Land Titles Act 1980 :

(a) a document transferring land for the purpose of section 146 ;

(b) a sealed copy of the wealth forfeiture order under section 154(1) ;

(c) a sealed copy of a registered interstate forfeiture order under section 58 .

(2)  On lodgement of a document or sealed copy under subsection (1) , the Recorder must –

(a) register the instrument against the relevant folio of the Register; and

(b) register the State as the proprietor of the property in the relevant folio of the Register.

(3)  To the extent that a provision of this Part relating to land is inconsistent with the Land Titles Act 1980 , the provision of this Part prevails, but this Part does not otherwise affect the operation of the Land Titles Act 1980 in relation to land dealt with under this Part.

(4)  This Part does not prevent –

(a) a person from lodging with the Recorder –

(i) a caveat relating to land that is restrained property; or

(ii) an instrument relating to a dealing or purported dealing in land that is restrained property at the time when the instrument is lodged; or

(iii) an instrument relating to a dealing or purported dealing in land that was restrained property at the time when the dealing or purported dealing was carried out; or

(b) the Recorder from –