Div 3General

Division 3—General 52—Record of registration On registering an instrument, the Registrar‑General must make a record of the date and time of registration and the record must be accepted in legal proceedings as conclusive evidence of the date and time of registration. 53—Retention of records Once information has been registered or recorded by the Registrar-General under this Act the Registrar-General must retain it in the form in which it was originally registered or recorded, or in some other form. 54—Form of instruments and manner of lodgement (1) Subject to this Act, the Registrar‑General may not register or record an instrument that purports to transfer or otherwise deal with or affect an estate or interest in land under this Act unless the instrument complies with this Act, is lodged in a manner approved by the Registrar-General and is in the appropriate form. (2) However, if an instrument contains a clear error the Registrar‑General may correct the error, and the instrument will then be valid and have effect as if the error had not been made. 55—Non-compliant documents may be registered or recorded The Registrar‑General may register or record a document that is not in the appropriate form, or does not comply with a requirement under this Act (including where the document is not signed or executed in a manner required under this Act), despite the fact that the document does not comply with that form or requirement, if the Registrar‑General is satisfied— (a) that the document substantially complies with the appropriate form or requirements of this Act (as the case requires); and (b) that loss or inconvenience would result if the document were not registered or recorded. 56—Priority of instruments (1) Instruments must be registered or recorded in the order in which they are presented to the Registrar‑General for registration or recording. (2) Instruments registered or recorded in respect of or affecting the same estate or interest in land are entitled (despite any express, implied or constructive notice) to priority according to the time of registration or recording. (3) However, if 2 or more instruments dealing with or affecting the same estate or interest in land have been presented for registration or recording at the same time, the Registrar‑General may register or record those instruments in the order that will give effect to the intentions of the parties as expressed in, or apparent to the Registrar‑General from, the instruments. (4) Subsections (1), (2) and (3) operate subject to Part 13A. (5) The Registrar‑General may, on application in the appropriate form, vary the order of priority between 2 or more registered mortgages or encumbrances. (6) An application under subsection (5)— (a) must be made, with the consent of the mortgagor or encumbrancer, by every holder of a mortgage or encumbrance that is to have its order of priority varied; and (b) if a registered mortgage or encumbrance is, by virtue of the proposed variation of order of priority, to be postponed to a mortgage or encumbrance over which it has had priority—must be made with the consent of the holder of the mortgage or encumbrance that is to be postponed. (7) The Registrar‑General must record a variation of an order of priority under subsection (5) on the certificate of title affected by the mortgages or encumbrances. 56A—Registration A certificate of title will be taken to be registered upon the Registrar-General allotting a volume and folio number in respect of the certificate of title. 57—Effect of registration or recording of instruments (1) Subject to subsection (2), every instrument will, when registered or recorded, be deemed part of the Register Book. (2) Subsection (1) does not operate to deem an instrument registered or recorded in the Register of Crown Leases part of the Register Book. (3) Every instrument registered in the Register Book or the Register of Crown Leases will be deemed to be a deed duly executed by the parties. 59—Provision for registration in case of death of person (1) In case any person, who either before or after his or her death shall be registered as proprietor of any land shall die after executing any instrument affecting such land, and before registration or recording thereof, the registration or recording of such instrument may nevertheless be proceeded with in accordance with this Act, and shall be valid notwithstanding such death. (2) If a person who has completed a client authorisation dies, an instrument executed pursuant to the client authorisation after the person's death is valid despite the person's death, and may be registered or recorded in accordance with this Act. 64—Power of court to direct cancellation of certificate or entry In any proceeding in the Court respecting any land, or any transaction, contract, or application relating thereto, or any instrument or record affecting any such land, it shall be lawful for the Court to direct the Registrar-General to cancel, correct, record, substitute, issue, or make any certificate of title, or any memorial or entry in the Register Book, or otherwise to do such acts and make such entries as may be necessary to give effect to any judgment, decree, or order of such Court given or made in such proceeding, and the Registrar-General shall obey every such direction. 65—Search allowed (1) Subject to this section, any person may have access to the Register Book, and to all instruments lodged or deposited in the Lands Titles Registration Office, for the purpose of inspection during the hours, and on the days, appointed for search. (1a) If an instrument is lodged electronically, the Registrar‑General may determine that only the instrument as registered is to be accessed. (2) If, on the application of a person whose particulars are, or are to be, contained in the Register Book or in any instruments lodged or deposited in the Lands Titles Registration Office, the Registrar‑General is satisfied that access under this section to any such particulars would be likely to place at risk the personal safety of the person, a member of the person's family or any other person, the Registrar‑General may take such measures as he or she thinks fit to prevent or to restrict access to those particulars. (3) An application under subsection (2) must be in the appropriate form and must contain such particulars, and be supported by such evidence, as the Registrar‑General may require. (4) The Registrar‑General may take such measures as he or she thinks fit to prevent or restrict access to any particulars the subject of an application under subsection (2) while the application is being determined. (5) Nothing prevents the Registrar‑General varying or revoking any measures taken under subsection (2) or (4) if he or she thinks fit. 66A—Lodgement of land grant If a grant of Crown land is lodged in the Lands Titles Registration Office, the Registrar-General must register title to the land.