49ARegistering charge on land

49A Registering charge on land

(1) If, under section 49(3), there is a first charge on land, the Commissioner may deposit with the Registrar of Titles a certificate signed by the Commissioner stating that—

(a) the amount stated in the certificate is owing in relation to the charge on the land; and

(b) there is a charge on the land under section 49(3).

(2) The Registrar of Titles must make a recording in the Register of the certificate referred to in subsection (1).

(3) The Commissioner must, as soon as practicable after payment of the amount to which section 49 applies, deposit with the Registrar of Titles—

(a) a request to make a recording in the Register of the discharge of the charge; and

(b) a certificate signed by the Commissioner stating that the amount owing in relation to the charge on the land has been paid.

(4) The Registrar of Titles must make a recording in the Register of the discharge of the charge.

(5) The Commissioner may, by written notice, require an applicant (or former applicant) for a first home owner grant who holds a relevant interest in relation to which there is a charge, to pay the amount of any fees paid by the Commissioner for the recording, or discharge, of the charge.

(6) An amount required to be paid under subsection (5) must be paid by the applicant (or former applicant) within 28 days after the date on which the notice is given to the applicant (or former applicant).

S. 49B inserted by No. 40/2016 s. 16.