Declaration of particular matters for s 547
548 Declaration of particular matters for s 547
This section declares matters for section 547(2) and (3) but does not limit those provisions.
Subsection (3) applies if a thing done by the chief executive before the commencement is or includes a direction or requirement (however called) applying to or of a person.Examples of directions or requirements—
• a direction about the form of a document for registration
• a requirement that a document borrowed under section 307(1) be returned by a particular time
• a requirement under section 309 to deposit a document for correction or cancellation
From the commencement, the person must comply with the direction or requirement in relation to the registrar of titles.
For subsection (3), if failure to comply with the direction or requirement constitutes an offence, a proceeding for the offence may be started and the person may be convicted of and punished for the offence.
Subsection (6) applies if the doing of a thing in relation to the chief executive required or allowed the chief executive to take action in relation to the thing that was not taken before the commencement.
From the commencement, the registrar of titles is required or allowed to take the action in relation to the thing under this Act.Examples of action that the registrar of titles may be required or allowed to take—
• give a notice of a caveat that was lodged under former section 389D before the commencement
• deal with an application, notice or other document in relation to a registry function made, deposited or lodged before the commencement
For subsection (6), if this Act required that the chief executive have a particular opinion, belief or state of mind in order to take the action, then the registrar of titles must have the opinion, belief or state of mind to take the action.
This Act’s bill:Explanatory memorandum
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