70Restrictions on transfer to which notification under section 69(2) relates

70 Restrictions on transfer to which notification under section 69(2) relates

(1)  If a notification is lodged with the Recorder under section 69(2) in respect of land, no transaction entered into without the consent of Homes Tasmania during the period, specified in the notification, for which the land is to be subject to this section, is capable of taking effect unless it is an excluded transaction.

(2)  For the purposes of this section, a transaction is an excluded transaction if –

(a) it arises through the operation of the law relating to bankruptcy; or

(b) it is made by a person acting in the capacity of legal personal representative of the person or one of the persons to whom the land was transferred by Homes Tasmania; or

(c) it is made in the execution of a judgment or order of a court.

(3)  Unless the Recorder is otherwise directed by an order of the Supreme Court, the Recorder must not register a transaction referred to in subsection (2)(c) if Homes Tasmania has certified to the Recorder that Homes Tasmania is of the opinion that the judgment or order enforced by the execution was obtained as a result of collusion between the parties to the proceedings in which the judgment or order was given.

(4)  The Supreme Court may make an order directing the registration of a transaction to which subsection (3) applies if it is satisfied that there are not sufficient grounds for the opinion of Homes Tasmania certified to the Recorder for the purposes of that subsection in respect of the transaction.

(5)  If the Supreme Court makes an order under subsection (4) in relation to a transaction, the transaction is not capable of taking effect unless the court so orders.