138ARegistration as proprietor of person entitled to land by operation of any Act

138A Registration as proprietor of person entitled to land by operation of any Act

[Section 138A Inserted by No. 4 of 2001, s. 16, Applied:12 Apr 2001]

(1)  In this section,

Act includes an Act of the Commonwealth.

(2)  [Section 138A Subsection (2) amended by No. 23 of 2021, s. 103, Applied:01 Jan 2022] The Recorder, on proof to the Recorder’s satisfaction that a person other than the registered proprietor has become entitled to be registered as proprietor of registered land, either alone or jointly or in common with that registered proprietor, because–

(a) [Section 138A Subsection (2) amended by No. 23 of 2021, s. 103, Applied:01 Jan 2022] the land purports to have been vested in that person, or a person through whom that person claims, by another Act, or by reason of anything done under another Act; or

(b) [Section 138A Subsection (2) amended by No. 23 of 2021, s. 103, Applied:01 Jan 2022] [Section 138A Subsection (2) amended by No. 23 of 2021, s. 103, Applied:01 Jan 2022] that person is entitled to have that land so vested in that person by the operation of another Act, either directly or by reason of anything done under that Act –

may, of the Recorder’s own motion, or on the application in an approved form of a person in whom the land is vested or who has become so entitled, on such evidence as appears to the Recorder sufficient, and after such notice (if any) to such person as the Recorder considers proper, register the person in whom the land is vested, or who has become so entitled, as the proprietor of such estate in the land as the Recorder considers appropriate.

(3)  [Section 138A Subsection (3) amended by No. 23 of 2021, s. 103, Applied:01 Jan 2022] [Section 138A Subsection (3) amended by No. 23 of 2021, s. 103, Applied:01 Jan 2022] For the purposes of , the Recorder may make such recordings, cancellations and corrections in the Register or a plan relevant to a folio of the Register, and may issue such certificates of title, as appear to the Recorder to be necessary or proper and may call in any certificate of title, grant or duplicate registered dealing.