Part 20Procedure and penalties

Part 20—Procedure and penalties 226—Forms of summons by Registrar-General Any summons issued by the Registrar-General under the authority of this Act may be in the form of Schedule 22 hereto. 227—On refusal or neglect of person summoned, Registrar-General may apply to Judge If any person shall refuse or neglect to obey or comply with the requirements of any such summons the Registrar-General may apply to a Judge for a summons calling upon such person to show cause why he should not obey or comply with the same, and any Judge may, on the hearing of such summons, make such order in the premises as he shall think fit, and unless the Judge shall on such hearing certify that such refusal or neglect was reasonable, such person shall forfeit and pay a penalty, to be enforced by the said Judge not exceeding two hundred dollars. 228—Declarations Any declaration under this Act may be made before the Registrar-General, any Deputy Registrar-General, a Notary Public, Justice of the Peace, registered conveyancer, or Commissioner for taking Affidavits in the Supreme Court. 229—Offences If a person— (a) forges or procures to be forged or assists in forging, or fraudulently affixes or procures to be affixed or assists in affixing, the seal of the Registrar‑General, or an impression or part of an impression of the seal, to an instrument or other document; or (b) forges or procures to be forged or assists in forging the name, signature or handwriting of— (i) the Registrar‑General; or (ii) a person engaged in the administration of this Act in any case where the person is by this Act expressly or impliedly authorised to affix his or her signature; or (c) fraudulently stamps or causes to be stamped an instrument or other document with the seal of the Registrar‑General or with a seal purporting to be the seal of the Registrar‑General; or (d) forges or procures to be forged or assists in forging the name, signature or handwriting of a person to an instrument or other document that is under this Act expressly or impliedly authorised to be signed, certified or executed by the person; or (e) uses, with an intention to defraud a person— (i) a document on which an impression or part of the impression of a seal of the Registrar‑General has been forged or fraudulently affixed knowing that the seal is forged or fraudulently affixed; or (ii) a document the signature to which has been forged knowing that the signature has been forged, Maximum penalty: $50 000 or imprisonment for 10 years. 230—Perjury If any person wilfully makes a false oath or declaration concerning any document or instrument, or, matter or procedure, under or in pursuance of this Act, such person shall be guilty of perjury. Maximum penalty: $50 000 or imprisonment for 10 years. 232—Certifying incorrect documents (1) If a person falsely provides a certification under section 273(1), the person is guilty of an offence. (1a) In proceedings for an offence against subsection (1), it is a defence to prove that— (a) the defendant was not negligent; and (b) the act or omission constituting the offence was attributable to an honest mistake on the defendant's part. (1b) If— (a) a person falsely provides a certification under section 273(1); and (b) the person knows that the certification is false, (2) If a person who is an employee of a body corporate that is a mortgagee that is required to provide a certification under section 273(1)— (a) provides the certification on behalf of the body corporate; but (b) does not, at the time of providing the certification, have personal knowledge of the matters to which he or she is certifying, the person and the body corporate are each guilty of an offence. Maximum penalty: $10 000. 232A—Offences relating to verification of identity (1) If a person falsely states that another person's identity has been verified in compliance with the verification of identity requirements or the participation rules, the person is guilty of an offence. (2) If— (a) a person falsely states that another person's identity has been verified in compliance with the verification of identity requirements or the participation rules; and (b) the person knows the statement is false, (3) If a person makes a false or misleading statement in connection with the verification of the identity of the person, or another person, for the purposes of the verification of identity requirements or the participation rules, the person is guilty of an offence. (4) If— (a) a person makes a false or misleading statement in connection with the verification of the identity of the person, or another person, for the purposes of the verification of identity requirements or the participation rules; and (b) the person knows the statement is false or misleading, (5) A person who, in connection with the verification of the identity of the person, or another person, for the purposes of the verification of identity requirements or the participation rules, produces a document or record that he or she knows, or ought to know, is false or misleading in a material particular, is guilty of an offence. (6) A person who is required under the verification of identity requirements or the participation rules to retain a document or record produced in connection with the verification of another person's identity must retain and safely and securely store the document or record, or a clearly legible copy of the document or record, for the period during which retention of the document or record is required under the requirements or rules as in force when the document or record was produced. (7) A certification provided under section 273(1) is not a statement for the purposes of this section. 232B—Offences relating to verification of authority (1) If a person falsely states that the authority of another person to enter into a transaction, or to execute an instrument or document in connection with a transaction, has been verified in accordance with the verification of authority guidelines or the participation rules, the person is guilty of an offence. (2) If— (a) a person falsely states that the authority of another person to enter into a transaction, or to execute an instrument or document in connection with a transaction, has been verified in accordance with the verification of authority guidelines or the participation rules; and (b) the person knows the statement is false, (3) If a person makes a false or misleading statement in connection with verifying the authority of the person, or another person, to enter into a transaction, or to execute an instrument or document in connection with a transaction, for the purposes of the verification of authority guidelines or the participation rules, the person is guilty of an offence. (4) If— (a) a person makes a false or misleading statement in connection with verifying the authority of the person, or another person, to enter into a transaction, or to execute an instrument or document in connection with a transaction, for the purposes of the verification of authority guidelines or the participation rules; and (b) the person knows the statement is false or misleading, (5) A person who, in connection with verifying the authority of the person, or another person, to enter into a transaction, or to execute an instrument or document in connection with a transaction, for the purposes of the verification of authority guidelines or the participation rules, produces a document or record that he or she knows, or ought to know, is false or misleading in a material particular, is guilty of an offence. (6) A person who is required under the verification of authority guidelines or the participation rules to retain a document or record produced in connection with the verification of another person's authority to enter into a transaction, or to execute an instrument or document in connection with a transaction, must retain and safely and securely store the document or record, or a clearly legible copy of the document or record, for the period during which retention of the document or record is required under the guidelines or rules as in force when the document or record was produced. (7) A certification provided under section 273(1) is not a statement for the purposes of this section. 233—Other offences A person who— (a) wilfully and fraudulently makes any false statement in any application to bring land under the provisions of this Act, or in any application to be registered as proprietor, whether in possession, reversion, remainder, or otherwise on a transmission, or in any other application to be registered under this Act as proprietor of any land, or any estate or interest in any land; (b) wilfully and fraudulently suppresses, withholds, or conceals, or assists, or joins in, or is privy to the suppressing, withholding, or concealing from the Registrar-General or any Deputy Registrar‑General any material document, fact, or matter of information; (c) wilfully and fraudulently gives false evidence, or makes a false statement in his examination before the Registrar-General or any Deputy Registrar-General; (d) without lawful authority and knowing that no such authority exists intentionally alters or causes to be altered— (i) a certificate of title filed in the Register Book; or (ii) records made by the Registrar-General by an electronic, electromagnetic, optical or photographic process under Division 2 of Part 5 or a certificate of title issued under that Division; or (iii) any instrument comprising part of the Register Book; or (iv) any instrument or form issued by the Registrar-General; or (v) a client authorisation; (da) fraudulently uses, assists in fraudulently using or is privy to the fraudulent using of a digital signature within the meaning of the Electronic Conveyancing National Law (South Australia); (e) fraudulently uses, assists in fraudulently using, or is privy to the fraudulent using of any form purporting to be issued or sanctioned by the Registrar‑General; (f) knowingly misleads or deceives any person hereinbefore authorised to demand explanation or information in respect of any land, or the title to any land, which is the subject of any application to bring the same under the provisions of this Act, or in respect of which any instrument is proposed to be registered or recorded, is guilty of an offence. Maximum penalty: $50 000 or imprisonment for 10 years. 234—Certificate etc procured by fraud to be void Any certificate, instrument, entry, erasure, or alteration procured, or made by fraud as in the last preceding section mentioned shall, whether there shall be a conviction under such section or not, be void as regards all parties or privies to such fraud. 240—Conviction not to affect civil remedy No proceeding or conviction for any act hereby declared to be an offence shall affect any remedy which any person aggrieved or injured by such act may be entitled to against the person who has committed such act, or against his estate.