74WEffect of priority notice

#### 74W Effect of priority notice 74W Effect of priority notice > > (1) While a priority notice has effect with respect to a proposed dealing to give effect to an entitlement to an estate or interest in land, the Registrar-General must not, without the consent of the person who lodged the notice, register or record— > > > > > (a) any dealing or writ on the folio of the Register for the land, or > > > > > (b) any plan (including a plan to which section 88B of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) applies) relating to the land. > > > (2) Despite subsection (1), the lodgment of a priority notice does not prevent the Registrar-General from registering any of the following in the Register— > > > > > (a) a dealing in registrable form that was lodged before the notice, > > > > > (b) the dealing or dealings to which the notice relates, > > > > > (c) a caveat or the withdrawal or lapsing of a caveat, > > > > > (d) a vesting or dealing effected in accordance with an order of a court or a provision of a law of this State or the Commonwealth, > > > > > (e) an application made under section 93 by an executor, administrator or trustee in respect of the estate or interest of a deceased registered proprietor, > > > > > (f) an application under section 12 of the [Trustee Act 1925](/view/html/inforce/current/act-1925-014) or an order of a court or dealing which, in the opinion of the Registrar-General, effects or evidences a replacement of existing trustees or the appointment of new or additional trustees, > > > > > (g) an application under section 101, > > > > > (h) in relation to a mortgage, charge or covenant charge recorded or lodged in registrable form before the lodgment of the notice—a dealing effected by the mortgagee, chargee or covenant chargee in the exercise of a power of sale or other power or a right conferred by the mortgage, charge or covenant charge or by or under law, > > > > > (i) in relation to a lease recorded or lodged in registrable form before the lodgment of the notice—a dealing effected by the lessee pursuant to a right conferred by the lease or by or under law, > > > > > (j) a transfer giving effect to a sale under a writ recorded under section 105 before the lodgment of the notice. > > > > Note. > > > > In addition to the matters referred to in this subsection, the Registrar-General is not prevented from taking action with respect to any other matters that are not dealings or plans referred to in subsection (1). > > > (3) If it appears to the Registrar-General that a dealing lodged during the period in which a priority notice has effect is a dealing to which the notice relates, the Registrar-General may— > > > > > (a) record the dealing in the Register if satisfied that the dealing is a dealing to which the notice relates, or > > > > > (b) request the parties to the dealing to provide such further information as the Registrar-General may require to assist in determining whether the dealing is a dealing to which the notice relates. > > **s 74W:** Ins 2015 No 23, Sch 1.5 \[8\]. Am 2018 No 75, Sch 2 \[11\]–\[13\].