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reg 5

Priority of registration

In force
Part 2Information on register

5 Priority of registration

(1)

This regulation applies in relation to instruments lodged for registration on the register under Part 8 and Schedule 4 of the Act, and these regulations.

(2)

The priority of instruments to which this regulation applies lodged for registration, as between themselves, is according to the time and date of lodgement with the Minister unless some other order of priority is indicated by the parties at the time of lodgement of 2 or more instruments.

(3)

A registration takes effect at the time the registration is made.

(4)

Subregulations (2) and (3) do not affect—

(a)

the operation of a caveat insofar as it relates to an interest protected by the registration of the caveat before the registration of a subsequent interest; or

(b)

the operation of any other regulation which provides for the effect of recording anything on the register.

(5)

In this regulation—

instrument includes an application and any supporting documentation;

registration includes recording.

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