Part 19Special powers and duties of Registrar-General

Part 19—Special powers and duties of Registrar-General 220—Powers of Registrar-General The Registrar-General may exercise the following powers: (a) To compel production of documents and examine person interested the Registrar‑General may summon the proprietor or other person making application to have any land brought under the provisions of this Act, or the proprietor, or mortgagee, or any other person interested in any land in respect of which any instrument is about to be registered or recorded, to produce any document of title, instrument of title, or other instrument in his or her possession or under his or her control affecting such land, or the title thereto, and to appear and give any explanation or information respecting such land, and the documents and instruments of title relating thereto, and may examine any such person in respect thereof; and the Registrar-General, if the document, instrument, explanation, or information required by him or her be withheld, and the same appear to him or her material, shall not be bound to proceed with the bringing of such land under the provisions of this Act, or with the registration or recording of such instrument, as the case may be; (b) To administer oaths the Registrar‑General may administer oaths, or, in lieu of administering an oath, may require a person who is to be examined to make a declaration of the truth of the statements to be made by the person; (d) To require production of other instruments etc if in respect of any instrument or other matter arising under this Act the Registrar-General is of opinion that— (i) the production of any other instrument or document; or (ii) the giving of any information evidence or notice; or (iii) the doing of any act, is necessary or desirable, the Registrar-General may— (iv) require the person lodging the instrument or some other person concerned in the matter to produce the other instrument or document, give the information evidence or notice or do the act; and (v) until the requirement is complied with and the prescribed fee, if any, is paid, refuse to proceed with the registration or recording in the Register Book of the first-mentioned instrument or with the other matter or to do any act or make any entry in connexion therewith; (e) To reject certain instruments if a requisition made under paragraph (d) of this section is not complied with within 2 months, the Registrar-General may serve on the person lodging the instrument and the parties to the instrument notice that the Registrar‑General intends to reject the instrument, and if, after the expiration of 2 months or such further period as the Registrar-General may allow, the requisition is not complied with, the Registrar-General may reject the instrument if, in his or her opinion, it cannot be registered or recorded under this Act, and any fees paid in respect of any rejected instrument shall be forfeited; (f) To correct errors the Registrar‑General may, upon such evidence as the Registrar‑General considers sufficient— (i) correct errors, or update information recorded, in— (A) the Register Book; (B) a certificate; (C) any entry in the Register Book or a certificate; (D) any plan of division or other plan in the Lands Titles Registration Office; or (ii) make any entry or notation in or upon the Register Book, a certificate, plan of division or other plan that has been erroneously omitted; Every certificate or entry so corrected or supplied shall have the like validity and effect as if such error had not been made or such entry omitted. In exercising his or her powers under this paragraph the Registrar-General may disregard any difference between the dimensions of boundaries as stated in any certificate or in the Register Book or in entries made therein respectively and the actual dimensions of such boundaries as found by admeasurement on the ground; (g) To enter caveats the Registrar‑General may enter caveats prohibiting the registration or recording in the Register Book of an instrument— (i) on behalf of the Crown; or (ii) for the prevention of a fraud or an improper dealing; or (iii) if it appears to the Registrar‑General that an error has been made by misdescription or otherwise in an instrument; or (iv) for the protection of any person absent from the State, or under the disability of infancy, coverture or mental incapacity; or (v) if the Registrar‑General considers it is in the public interest to do so; (h) To withdraw caveat on payment of money the Registrar‑General shall, where a caveat is entered to protect a sum of money, upon payment of such sum to him or her, withdraw such caveat; (i) To alter forms of instruments etc the Registrar‑General may, with the consent of the Governor, from time to time, make such alterations in the several forms of instruments prescribed in the Schedules hereto as the Registrar‑General may deem requisite; and every form of instrument so altered shall be published in the Government Gazette, and may thereafter be used in lieu of, and shall have the same effect as, the corresponding form prescribed by this Act, and shall be deemed an authorised form; (j) To require map to be deposited the Registrar‑General may require any person applying to bring land under the provisions of this Act, or any registered proprietor desiring to transfer or otherwise to deal with the land or any portion of the land comprised in his or her certificate, or other instrument of title, to deposit with him or her a map or plan of such land, verified by the declaration of a Licensed Surveyor; and if such person or proprietor shall neglect or refuse to comply with such requirement, it shall not be incumbent on the Registrar-General to proceed with the bringing of such land under the provisions of this Act, or with the registration of such transfer or dealing; (l) To destroy certain documents the Registrar‑General may, notwithstanding any other provision of this Act, with the approval of the Attorney-General, and subject to section 32 of the Libraries Act 1982, deliver to an appropriate person or destroy any record, document, instrument, plan, diagram, book or paper or any other paper writing, whether of the same kind as those before enumerated or not, that is deposited with or registered at the Lands Titles Registration Office the retention of which by the Registrar-General serves no useful purpose in his or her opinion. 220A—Registrar-General may require production or verification of documents or information (1) The Registrar‑General may, for a purpose connected with the administration or enforcement of this Act or the Electronic Conveyancing National Law (South Australia), or to protect the integrity of the Register Book or the Register of Crown Leases, by notice in writing, require a person to do 1 or more of the following within a period, or at a time, specified in the notice: (a) produce to the Registrar‑General an instrument, document or other item in the person's custody or control; (b) provide information to the Registrar‑General; (c) verify the execution of an instrument or document in any manner the Registrar‑General thinks fit. (2) A person who, without reasonable excuse, refuses or fails to comply with a requirement of the Registrar‑General under subsection (1) is guilty of an offence. Maximum penalty: $10 000. (3) An instrument, document or other item produced to the Registrar‑General may be retained for the purpose of enabling the instrument, document or item to be inspected and enabling copies of, or extracts or notes from, the instrument, document or item to be made or taken by or on behalf of the Registrar‑General. (4) However, if the instrument, document or item is required by the Registrar‑General as evidence for the purposes of legal proceedings, the instrument, document or item may be retained until the proceedings are finally determined. (5) The Registrar‑General must permit a person who would be entitled to inspect the instrument, document or item if it were not in the possession of the Registrar‑General to inspect the instrument, document or item at any reasonable time. (6) Nothing in this section prejudices a lien a person has on the instrument, document or item. (7) A person is not excused from providing information or producing an instrument, document or item, when required to do so under this section, on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (8) However, if the person objects to providing the information or producing the instrument, document or item on that ground, the information, instrument, document or item is not admissible against the person in any criminal proceedings other than— (a) a proceeding about the false or misleading nature of anything in the information, instrument, document or item; or (b) a proceeding in which the false or misleading nature of the information, instrument, document or item is relevant evidence; or (c) a proceeding regarding failure to retain documents or records as required by this Act; or (d) a proceeding regarding provision of a certification in contravention of this Act. 221—Reviews (1) If a person is dissatisfied with a decision of the Registrar‑General in relation to an application by the person— (a) to have an instrument registered or recorded; or (b) to have a foreclosure order issued; or (c) to have the Registrar‑General do or perform an act or duty under this Act, the person may seek a review of the decision by the Tribunal. (1a) If a person is dissatisfied with a decision of the Registrar‑General to cancel the registration of a mortgage under section 147, the person may seek a review of the decision by the Tribunal. (2) If the Registrar‑General decides under section 154A(12) that a person is a vexatious lodger of priority notices, the person may seek a review of the decision by the Tribunal. (3) If the Registrar‑General rejects a priority notice lodged by a person in relation to whom a determination has been made under section 154A(12), the person may seek a review by the Tribunal of the decision to reject the notice. (4) If the Registrar‑General refuses an application under section 154F for the cancellation of a priority notice, the applicant may seek a review by the Tribunal of the decision to refuse to cancel the notice. (5) If the Registrar‑General cancels a priority notice under section 154F, a person affected by the cancellation may seek a review by the Tribunal of the decision to cancel the notice. (6) A decision subject to review by the Tribunal under this section will be reviewed by the Tribunal within its review jurisdiction under section 34 of the South Australian Civil and Administrative Tribunal Act 2013. (7) Subject to subsection (9), an application for review of a decision must be made within 21 days of the day on which the applicant receives notice of the decision. (8) The Registrar‑General must, if so required by a person affected by a decision of the Registrar‑General that is, or may be, the subject of a review, state in writing the reasons for the decision. (9) If the reasons of the Registrar‑General are not given in writing at the time the applicant receives notice of the decision and the applicant (within 21 days of receiving notice of the decision) requires the Registrar‑General to state the reasons in writing, the time for making an application for review of the decision runs from the time at which the applicant receives the written statement of those reasons. (10) Without derogating from section 37 of the South Australian Civil and Administrative Tribunal Act 2013, the Tribunal may, on an application under this section, make any 1 or more of the following orders: (a) an order prohibiting a person from lodging a priority notice in the Lands Titles Registration Office; (b) an interim order extending the duration of a priority notice until the determination of the application or until a date specified by the Tribunal or until further order; (c) an interim order preventing the Registrar‑General from registering or recording a specified instrument until the determination of the application. 223—Registrar-General may refer question of law (1) The Registrar-General may refer a question of law arising with regard to the exercise of the Registrar-General's powers and functions under this Act for the opinion of the Court. (2) The Court's decision on a question referred under this section is binding on the Registrar-General.