Land Title Act 1994

A person who witnesses an instrument executed by an individual must—

first take reasonable steps to verify the identity of the individual and ensure the individual is the person entitled to sign the instrument; and

have the individual execute the instrument in the presence of the person; and

not be a party to the instrument.

Without limiting subsection (1)(a), the person takes reasonable steps to verify the identity of the individual if the person complies with practices included in the manual of land title practice under section 9A for verifying the individual’s identity.

The person must, for 7 years after the person witnesses the signing of the instrument—

keep a written record of the steps taken under subsection (1)(a); or

keep originals or copies of the documents and other evidence provided to or otherwise obtained by the person in complying with subsection (1)(a).

The registrar may, whether before or after the registration of the instrument, ask the person—

to advise the registrar about the steps taken by the person under subsection (1)(a); and

to produce for the registrar’s inspection the written record mentioned in subsection (3)(a) or the originals or copies mentioned in subsection (3)(b).

The person must comply with a request under subsection (4) unless the person has a reasonable excuse.