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Real Property Act 1886
Part 3The Lands Titles Registration Office
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Part 3—The Lands Titles Registration Office
12—Lands Titles Registration Office to be at Adelaide
The Lands Titles Registration Office shall be continued at Adelaide for the purposes of this Act.
13—Administration of Act
(1) There is to be a Registrar-General.
(2) The Registrar-General is responsible for the administration of this Act.
(3) There are to be such deputies of the Registrar-General as may be necessary or expedient for the administration of this Act.
(4) There are to be such other persons engaged in the administration of this Act as the Registrar‑General thinks fit.
(5) The Registrar‑General and the deputies of the Registrar‑General are to be Public Service employees.
16—Exercise of powers of Registrar-General
Any power or function conferred on, or assigned to, the Registrar-General by this or any other Act may be exercised or carried out—
(a) by any Deputy Registrar-General; or
(b) by any person to whom that power or function has been delegated by the Registrar-General.
17—Delegation
(1) The Registrar‑General may delegate to a person (including a person for the time being performing particular duties or holding or acting in a particular position) a function or power under this or any other Act (except a prescribed function or power).
(2) A delegation—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter; and
(d) is revocable at will.
(3) A delegated function or power may, if the instrument of delegation so provides, be further delegated in accordance with that instrument.
(4) For the avoidance of doubt, nothing in this section affects—
(a) indefeasibility of title of registered proprietors as set out in section 69; or
(b) the exclusive power of the Governor to prescribe fees or charges payable for or in respect of matters under this Act as set out in section 277; or
(c) the operation of the scheme for compensation set out in Part 18.
19—Solicitor not to engage in private practice
It shall not be lawful for any person whilst holding the office of solicitor under this Act to engage in private practice as a barrister, attorney, solicitor or registered conveyancer, but this prohibition shall not apply to any acting solicitor.
21—Seal of office
The Registrar-General shall have and use a seal of office bearing the impression of the Royal Arms of England and the words "Registrar-General South Australia"; and every instrument bearing such seal, and purporting to be issued by the Registrar-General, or by a Deputy Registrar-General or a delegate referred to in section 17, shall be received in evidence, and shall be deemed to be issued by or under the direction of the Registrar-General without further proof, unless the contrary be shown.
22—Fees etc
(1) The Registrar-General may demand and receive such fees, in respect of the several matters provided for in this Act, as are prescribed.
(2) Until regulations under this Act are made prescribing fees in respect of the matters referred to in subsection (1) of this section the Registrar-General may demand and receive such fees as were payable in respect of those matters immediately before the commencement of the Real Property Act Amendment Act 1972.
23—Accounts of Registrar-General and payment of moneys
(1) The Registrar-General shall keep a correct account of all sums of money received by him in accordance with the provisions of this Act, and shall pay the same to the Treasurer.
(2) All fines and fees received under the provisions of this Act shall (subject to the provisions of Part 18 of this Act) be carried into account by the Treasurer as General Revenue.
23A—Payment of moneys received in trust
(1) Where the Minister has received moneys in trust or otherwise on account of a mortgagee or other person, and the Minister is satisfied that the moneys may be properly paid to any person the Minister may upon the application of that person and upon provision by that person of such an indemnity or indemnities, if any, as the Minister thinks fit, make payment of the moneys to that person.
(1a) Before making payment to any person under subsection (1) of this section the Minister may require the production of such evidence as he thinks fit to the effect that—
(a) succession duties that may be payable out of, or in respect of, the moneys have been paid; and
(b) any other claim to which the moneys may be liable has been satisfied.
(2) Any payment made by the Treasurer before the commencement of the Real Property Act Amendment Act 1975 of moneys of a kind referred to in subsection (1) of this section shall be for all purposes as lawful, valid and effectual as it would have been if—
(a) that subsection was enacted and in force at the time at which that payment was made; and
(b) the payment of those moneys complied in all respects with the provisions of that subsection.
24—Registrar-General not to be liable for acts done bona fide
The Registrar-General shall not individually, nor shall any person acting under his authority, be liable to any action, or proceeding for or in respect of any act or matter bona fide done, or omitted to be done, in the exercise or supposed exercise of the powers of this Act.