58Corrections of clerical errors, obvious defects or unauthorised entries etc.

58 Corrections of clerical errors, obvious defects or unauthorised entries etc.

Power of correction (1) The Secretary may alter the Registry for the purposes of correcting an error that is any of the following: (a) a clerical error or an obvious defect in the Registry; (b) an entry made in the Registry without sufficient cause; (c) an entry wrongly existing in the Registry; (d) an entry wrongly removed from the Registry; within 4 years after the error is made. (2) The Secretary may exercise the power conferred by subsection (1): (a) on application being made to the Secretary by a person; or (b) on the Secretary’s own initiative. (3) The Secretary must not exercise the power conferred by subsection (1) of this section in a manner contrary to a decision of a relevant court in proceedings under section 59 (rectification of the Registry by court order). (4) The Secretary must not exercise the power conferred by subsection (1) of this section in a manner contrary to section 47 (units are personal property). Application for correction (5) An application under paragraph (2)(a) must: (a) be in writing; and (b) meet the requirements (if any) prescribed by the rules; and (c) be accompanied by the fee (if any) prescribed by the rules. (6) A fee prescribed for the purposes of paragraph (5)(c) must not be such as to amount to taxation. (7) If: (a) the Secretary decides to refuse to alter the Registry under subsection (1); and (b) the Secretary made the decision in response to an application; the Secretary must give written notice of the decision to the applicant. Publication of alteration (8) If the Secretary alters the Registry under subsection (1), the Secretary must publish a notice on the Department’s website setting out the details of the alteration.