48BLodgment of instruments—registrable form

48B Lodgment of instruments—registrable form (1) The registrar-general shall not register any instrument purporting to transfer or otherwise deal with or affect any interest in land except— (a) as required or permitted by a Territory or Commonwealth law; and (b) in the manner provided by this Act. (2) Where an instrument is lodged that is not in registrable form, the (a) refuse to register it and require— (i) 1 or more of the parties to the instrument to— (A) alter or correct the instrument; or (B) provide a stated document under section 14 (1) (a); or (ii) for an instrument lodged under section 48BA or section 48BB—the legal practitioner or mortgagee corporation to— (A) alter or correct the instrument; or (B) provide certification under section 48BA or section 48BB in appropriate form; or (C) provide a stated document under section 14 (1) (c) or section 48BH (2); or (b) reject it. registration—see section 48BA (5). 48BA Lodgment of instruments by legal practitioners— certification (1) This section applies if a legal practitioner lodges an instrument purporting to transfer or otherwise deal with or affect an interest in land with the registrar-general for registration on behalf of a party to the instrument. (2) The registrar-general must not register the instrument unless, for each person who is a party to the instrument, the legal practitioner for the person certifies in the appropriate form— (a) that the person has authorised the legal practitioner under a client authorisation to lodge the instrument and do all other things necessary to ensure the instrument is registered; and (b) that the legal practitioner has verified the person’s identity in accordance with the verification of identity rules as in force at the time of verification; and (c) that the legal practitioner has verified the person’s authority to deal with the land under the instrument in accordance with the verification of authority rules as in force at the time of verification; and (d) that any document relevant to certification under this section that is required to be kept by the legal practitioner under this Act and, if relevant, the E-Conveyancing Law, has been kept; and (e) that the legal practitioner has complied with any other requirement in relation to the instrument under this Act and, if relevant, the E-Conveyancing Law; and (f) that the legal practitioner has complied with any requirement (3) Certification under subsection (2) may only be provided by a legal practitioner who has personal knowledge of the matter the legal practitioner is certifying. (4) The registrar-general may exempt a legal practitioner, or an instrument prescribed by regulation, from a certification requirement under subsection (2). registration, means— (a) for an instrument lodged electronically under the E-Conveyancing Law—certification that complies with the participation rules; or (b) in any other case—the form required by the registrar-general. client authorisation means— (a) for an instrument lodged electronically under the E-Conveyancing Law—see the E-Conveyancing Law, section 10; or (b) in any other case—an authorisation in a form required by the participation rules—see the E-Conveyancing Law, section 23. party, to an instrument, includes a person acting on behalf of another person (under a power of attorney or otherwise) but does not include a legal practitioner acting under a client authorisation. 48BB Lodgment of instruments by mortgagee corporations— certification (1) This section applies if a mortgagee corporation lodges a mortgage or other instrument purporting to deal with or affect an interest in land with the registrar-general for registration. Note 1 Section 48BA applies to a mortgagee represented by a legal practitioner. Note 2 Section 48BC applies to a mortgagee who is not a corporation and not represented by a legal practitioner. (2) The registrar-general must not register the instrument unless the mortgagee certifies in the appropriate form— (a) that the mortgagee has verified the mortgagor’s identity in accordance with the verification of identity rules as in force at the time of verification; and (b) that the mortgagee has verified the mortgagor’s authority to deal with the land under the instrument in accordance with the verification of authority rules as in force at the time of verification; and (c) that any document relevant to certification under this section that is required to be kept by the mortgagee under this Act and, if relevant, the E-Conveyancing Law, has been kept; and (d) that the mortgagee has complied with any other requirement in relation to the instrument under this Act and, if relevant, the (e) that the mortgagee has complied with any requirement (3) Certification under subsection (2) may only be provided by an employee of the mortgagee corporation who has personal knowledge of the matter the employee is certifying. (4) The registrar-general may exempt a mortgagee corporation, or an instrument prescribed by regulation, from a certification requirement under subsection (2). registration—see section 48BA (5). participation rules—see the E-Conveyancing Law, section 23. 48BC Lodgment of instruments by self-represented parties— verification of identity and authority (1) This section applies if a party to an instrument purporting to transfer or otherwise deal with or affect an interest in land lodges the instrument, in person, with the registrar-general. (2) The registrar-general must not register the instrument unless the registrar-general— (a) is reasonably satisfied that the party’s identity has been verified in accordance with the verification of identity rules as in force at the time of verification; and (b) has verified the party’s authority to deal with the land under the instrument in accordance with the verification of authority rules as in force at the time of verification. party, to an instrument—see section 48BA (5). 48BD Signature and witnessing requirements—legal practitioners and mortgagee corporations (a) an instrument is lodged by a legal practitioner or mortgagee corporation under section 48BA or section 48BB; and (b) the instrument is not lodged electronically under the (c) the legal practitioner or mortgagee corporation provides certification in relation to the instrument under section 48BA or section 48BB. Note The E-Conveyancing Law, pt 2, div 1 contains similar provisions for instruments lodged electronically. (2) Any requirement under this Act for the instrument to be executed, signed, witnessed, attested or sealed is taken to have been satisfied. 48BE Verification of identity rules (1) The registrar-general may make rules (the verification of identity rules) about— (a) how a person must be identified for section 48BA (2) (b), section 48BB (2) (a) and section 48BC (2) (a); and (b) what documents must be kept for the purpose of verifying the person’s identity under section 48BA (2) (d) and section 48BB (2) (c); and (c) how long the documents must be kept; and (d) any other relevant matter. (2) A rule is a disallowable instrument. 48BF Verification of authority rules (1) The registrar-general may make rules (the verification of authority rules) about— (a) how a person’s authority to deal with land under an instrument is verified for section 48BA (2) (c), section 48BB (2) (b) and section 48BC (2) (b); and (b) what documents must be kept for the purpose of verifying the person’s authority under section 48BA (2) (d) and section 48BB (2) (c); and (c) how long the documents must be kept; and (d) any other relevant matter. (2) A rule is a disallowable instrument. 48BG Compliance audits—lodgments by legal practitioners and mortgagee corporations (a) an instrument is lodged by a legal practitioner or mortgagee corporation; and (b) the instrument is not lodged electronically under the (c) the legal practitioner or mortgagee corporation provides certification in relation to the instrument under section 48BA or section 48BB. Note The registrar-general has a similar power to this provision for an instrument lodged electronically under the E-Conveyancing Law (see the Law, s 33 and s 34). (2) The registrar-general may, at any time, give the legal practitioner or mortgagee corporation a written request to provide stated information about— (a) the accuracy of the matters certified by the legal practitioner or mortgagee corporation under section 48BA (2) or section 48BB (2) in relation to the instrument; or (b) whether section 48BA or section 48BB have otherwise been complied with by the legal practitioner or mortgagee corporation in relation to the certification for the instrument. (3) The request must state a reasonable period for the information to be provided. (4) The legal practitioner or mortgagee corporation must provide the information in accordance with the request. 48BH Non-compliance—registrar-general may require additional documents (a) a legal practitioner or mortgagee corporation has not complied with a request under section 48BG; or (b) the registrar-general is reasonably satisfied in relation to an instrument lodged by a legal practitioner or mortgagee corporation that— (i) the matters certified by the legal practitioner or mortgagee corporation under section 48BA (2) or section 48BB (2) in relation to the instrument are not accurate; or (ii) the legal practitioner or mortgagee corporation has not otherwise complied with section 48BA or section 48BB in relation to the certification for the instrument; or (c) a legal practitioner’s or mortgagee corporation’s authorisation to use an electronic lodging network under the E-Conveyancing Law or a corresponding law is restricted, suspended or terminated for non-compliance with that law. (2) The registrar-general may, after giving the legal practitioner or mortgagee corporation at least 14 days written notice (the notice period), require the legal practitioner or mortgagee corporation to provide stated compliance assurance documents for stated instruments lodged by the legal practitioner or mortgagee corporation from the day the notice period ends until— (a) the end date stated in the notice; or (b) a stated event happens. Example—event If a legal practitioner or mortgagee corporation is suspended from using an electronic lodging network for non-compliance—the suspension ends. Note The instrument is not in registrable form if a document required under s (2) is not provided (see s 4 (e)). (3) Subsection (2) does not apply to an instrument lodged electronically under the E-Conveyancing Law. compliance assurance document, for an instrument lodged for registration, means a document relevant to certification under section 48BA or section 48BB for the instrument. Examples 1 a client authorisation 2 a copy of a document used to verify a client’s identity or authority 3 for a transfer of land—a copy of the contract of sale for the land 4 for a mortgage—a copy of the loan agreement corresponding law—see the E-Conveyancing Law, section 3. 48BI Power to refer to appropriate authority (1) This section applies if the registrar-general— (a) receives a complaint from a person in relation to a legal practitioner or mortgagee corporation indicating that— (i) the matters certified by the legal practitioner or mortgagee corporation under section 48BA (2) or section 48BB (2) in relation to an instrument are not accurate; or (ii) the legal practitioner or mortgagee corporation has not otherwise complied with section 48BA or section 48BB in relation to the certification for an instrument; or (b) reasonably suspects a circumstance mentioned in paragraph (a) applies to a legal practitioner or mortgagee corporation. (2) The registrar-general may, instead of or in addition to, taking action under section 48BH refer the matter to an appropriate authority. (3) If the registrar-general refers a matter under subsection (2), the registrar-general may give the appropriate authority any information held by the registrar-general that is reasonably relevant to the matter. appropriate authority—see the E-Conveyancing Law, section 35 (1). Note Appropriate authority includes a law enforcement agency, a regulatory body or professional disciplinary body.