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Land Title Act 2000
157Withdrawing lodged instrument before registration
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157 Withdrawing lodged instrument before registration
(1) The Registrar-General may withdraw an instrument or permit an
instrument to be withdrawn if satisfied that:
(a) the order in which the instrument has been lodged in relation
to other instruments will not give effect to the intention
expressed in it or a related instrument; or
(b) the instrument should not have been lodged or cannot be
given legal effect.
Example for subsection (1)(b)
An example of an instrument that cannot be given legal effect is a power of
attorney that names the same person as principal and attorney.
Land Title Act 2000 85
(2) An instrument that is withdrawn under subsection (1) remains in the
Land Titles Office unless the instrument is an instrument that
should not have been lodged.
(3) The Registrar-General may re-lodge an instrument that has been
withdrawn by the Registrar-General.
(4) On receiving a written application, the Registrar-General may
re-lodge an instrument that the Registrar-General has permitted to
be withdrawn.
(5) An instrument withdrawn under subsection (1) loses its priority and
is taken to have been lodged on the date and at the time endorsed
on it by the Registrar-General at the time it is re-lodged.