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Transfer of Land Act 1958
106ARegistrar's requirements for conveyancing transactions
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106A Registrar's requirements for conveyancing transactions
S. 106A(1) amended by No. 14/2025 s. 56(2)(a).
(1) The Registrar may from time to time determine requirements for conveyancing transactions, which may include the following—
(a) the verification of identity and authority including any of the following—
(i) the standards to which identity and authority are to be verified;
(ii) the classes of person in respect of whom identity and authority are to be verified;
(iii) the classes of document in relation to which verification of identity and authority requirements apply;
(iv) the classes of person who can undertake verification of identity and authority;
(v) any supporting evidence and retention requirements;
(b) the retention of documents supporting or authenticating instruments generally, including periods of retention;
(c) setting out matters to be certified or relating to the certification of matters for the purposes of conveyancing transactions, including any of the following—
(i) the form of certifications;
(ii) the classes of person who may certify those matters;
(iii) any supporting evidence and retention requirements;
(d) the classes of instrument that must be lodged using an ELN;
(e) the classes of person who must lodge specified classes of instrument;
(f) client authorisations, including any of the following—
(i) the form of a client authorisation;
(ii) the classes of instrument to which a client authorisation applies;
(iii) any supporting evidence and retention requirements;
S. 106A(1)(g) amended by No. 14/2025 s. 56(2)(b).
(g) the classes of mortgagee able to certify the matters specified under section 74(1A);
S. 106A(1)(h) amended by No. 14/2025 s. 56(2)(c).
(h) any other requirements for conveyancing transactions that the Registrar thinks fit.
(2) The Registrar must publish notice in the Government Gazette of any requirements determined under this section.
S. 106B inserted by No. 42/2017 s. 43.