QLDIn ForceAct
Land Title Act 1994
sec.12Giving consent for dealings
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### sec.12 Giving consent for dealings
Subject to subsections (2) to (4) , if the consent of a person is required or permitted for a dealing with a lot, the consent must be—
written on the instrument for the dealing (the relevant instrument ); or
if the registrar considers it appropriate—deposited with the relevant instrument.
If the relevant instrument is an electronic conveyancing document, the person is taken to have complied with subsection (1) if the consent—
is in the form of an electronic conveyancing document; and
is deposited with the relevant instrument.
Subsection (4) applies if the relevant instrument is lodged or deposited in an electronic form by an electronic communication under—
this Act or another law, other than the Electronic Conveyancing National Law (Queensland) ; and
the Electronic Transactions (Queensland) Act 2001 .
The person is taken to have complied with subsection (1) if—
a method is used to identify the person and to indicate the person’s consent; and
having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the consent was communicated; and
the registrar consents to the requirement being met by using the method.
s 12 amd 2003 No. 6 s 144
sub 2013 No. 17 s 36
(sec.12-ssec.1) Subject to subsections (2) to (4) , if the consent of a person is required or permitted for a dealing with a lot, the consent must be— written on the instrument for the dealing (the relevant instrument ); or if the registrar considers it appropriate—deposited with the relevant instrument.
(sec.12-ssec.2) If the relevant instrument is an electronic conveyancing document, the person is taken to have complied with subsection (1) if the consent— is in the form of an electronic conveyancing document; and is deposited with the relevant instrument.
(sec.12-ssec.3) Subsection (4) applies if the relevant instrument is lodged or deposited in an electronic form by an electronic communication under— this Act or another law, other than the Electronic Conveyancing National Law (Queensland) ; and the Electronic Transactions (Queensland) Act 2001 .
(sec.12-ssec.4) The person is taken to have complied with subsection (1) if— a method is used to identify the person and to indicate the person’s consent; and having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the consent was communicated; and the registrar consents to the requirement being met by using the method.
- (a) written on the instrument for the dealing (the relevant instrument ); or
- (b) if the registrar considers it appropriate—deposited with the relevant instrument.
- (a) is in the form of an electronic conveyancing document; and
- (b) is deposited with the relevant instrument.
- (a) this Act or another law, other than the Electronic Conveyancing National Law (Queensland) ; and
- (b) the Electronic Transactions (Queensland) Act 2001 .
- (a) a method is used to identify the person and to indicate the person’s consent; and
- (b) having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the consent was communicated; and
- (c) the registrar consents to the requirement being met by using the method.