160General powers of Recorder

160 General powers of Recorder

(1)  [Section 160 Subsection (1) amended by No. 23 of 2021, s. 134, Applied:01 Jan 2022] [Section 160 Subsection (1) amended by No. 23 of 2021, s. 134, Applied:01 Jan 2022] [Section 160 Subsection (1) amended by No. 23 of 2021, s. 134, Applied:01 Jan 2022] *[Section 160 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]**[Section 160 Subsection (1) amended by No. 21 of 1996, s. 16 ]*The Recorder may require a person who has custody, possession, or control of any instrument relating to land which is the subject of a dealing lodged with the Recorder under this or any other Act, or relating to the title to land, to produce that instrument, and the Recorder may retain an instrument, whether produced pursuant to this subsection or otherwise, until it is no longer required for action in connection with a dealing lodged with the Recorder or in connection with the bringing of land under this Act; and if that person refuses or neglects to produce that instrument the person is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.

(2)  [Section 160 Subsection (2) amended by No. 23 of 2021, s. 134, Applied:01 Jan 2022] [Section 160 Subsection (2) amended by No. 23 of 2021, s. 134, Applied:01 Jan 2022] *[Section 160 Subsection (2) amended by No. 21 of 1996, s. 16 ]*The Recorder may conduct an inquiry concerning any land, title to land, or instrument affecting or relating to land which is the subject of a dealing or application lodged with the Recorder under this or any other Act; and, if an instrument which the Recorder has required under subsection (1) is withheld, or if a person summoned to attend an inquiry under this subsection fails to attend or refuses or neglects to give an explanation or information which the person is required to give at the inquiry, the Recorder is not bound to proceed with the application or register the dealing under this or any other Act.

(3)  [Section 160 Subsection (3) amended by No. 23 of 2021, s. 134, Applied:01 Jan 2022] The Recorder may record a caveat on behalf of a person under disability (within the meaning of the ), or on behalf of the Crown, to prohibit the transfer or dealing with land belonging or supposed to belong to such a person or the Crown, and also to prohibit the dealing with land where it appears to the Recorder that an error has been made by misdescription of that land, or otherwise on a folio of the Register or any certificate of title or other instrument, or for the prevention of fraud or improper dealing, and and apply where the Recorder records a caveat pursuant to this subsection.