Powers of Registrar-General

In force

The

Registrar-General may exercise the following powers:

(a)

To compel production of documents and examine person interested the

Registrar‑General may summon the proprietor or other person making application to have any land brought under the provisions of this Act, or the proprietor, or mortgagee, or any other person interested in any land in respect of which any instrument is about to be registered or recorded, to produce any document of title, instrument of title, or other instrument in his or her possession or under his or her control affecting such land, or the title thereto, and to appear and give any explanation or information respecting such land, and the documents and instruments of title relating thereto, and may examine any such person in respect thereof; and the

Registrar-General, if the document, instrument, explanation, or information required by him or her be withheld, and the same appear to him or her material, shall not be bound to proceed with the bringing of such land under the provisions of this Act, or with the registration or recording of such instrument, as the case may be;

(b)

To administer oaths the

Registrar‑General may administer oaths, or, in lieu of administering an oath, may require a person who is to be examined to make a declaration of the truth of the statements to be made by the person;

(d)

To require production of other instruments etc if in respect of any instrument or other matter arising under this Act the Registrar-General is of opinion that—

(i)

the production of any other instrument or document; or

(ii)

the giving of any information evidence or notice; or

(iii)

the doing of any act, is necessary or desirable, the Registrar-General may—

(iv)

require the person lodging the instrument or some other person concerned in the matter to produce the other instrument or document, give the information evidence or notice or do the act; and

(v)

until the requirement is complied with and the prescribed fee, if any, is paid, refuse to proceed with the registration or recording in the

Register Book of the first-mentioned instrument or with the other matter or to do any act or make any entry in connexion therewith;

(e)

To reject certain instruments if a requisition made under paragraph (d) of this section is not complied with within 2 months, the

Registrar-General may serve on the person lodging the instrument and the parties to the instrument notice that the Registrar‑General intends to reject the instrument, and if, after the expiration of 2 months or such further period as the Registrar-General may allow, the requisition is not complied with, the Registrar-General may reject the instrument if, in his or her opinion, it cannot be registered or recorded under this Act, and any fees paid in respect of any rejected instrument shall be forfeited;

(f)

To correct errors the

Registrar‑General may, upon such evidence as the

Registrar‑General considers sufficient—

(i)

correct errors, or update information recorded, in—

(A)

the

(B)

a certificate;

(C)

any entry in the Register Book or a certificate;

(D)

any plan of division or other plan in the Lands Titles Registration

Office; or

(ii)

make any entry or notation in or upon the Register Book, a certificate, plan of division or other plan that has been erroneously omitted;

Every certificate or entry so corrected or supplied shall have the like validity and effect as if such error had not been made or such entry omitted. In exercising his or her powers under this paragraph the

Registrar-General may disregard any difference between the dimensions of boundaries as stated in any certificate or in the Register Book or in entries made therein respectively and the actual dimensions of such boundaries as found by admeasurement on the ground;

(g)

To enter caveats the

Registrar‑General may enter caveats prohibiting the registration or recording in the Register Book of an instrument—

(i)

on behalf of the Crown; or

(ii)

for the prevention of a fraud or an improper dealing; or

(iii)

if it appears to the Registrar‑General that an error has been made by misdescription or otherwise in an instrument; or

(iv)

for the protection of any person absent from the State, or under the disability of infancy, coverture or mental incapacity; or

(v)

if the Registrar‑General considers it is in the public interest to do so;

(h)

To withdraw caveat on payment of money the

Registrar‑General shall, where a caveat is entered to protect a sum of money, upon payment of such sum to him or her, withdraw such caveat;

(i)

To alter forms of instruments etc the

Registrar‑General may, with the consent of the Governor, from time to time, make such alterations in the several forms of instruments prescribed in the Schedules hereto as the

Registrar‑General may deem requisite; and every form of instrument so altered shall be published in the Government Gazette, and may thereafter be used in lieu of, and shall have the same effect as, the corresponding form prescribed by this Act, and shall be deemed an authorised form;

(j)

To require map to be deposited the

Registrar‑General may require any person applying to bring land under the provisions of this Act, or any registered proprietor desiring to transfer or otherwise to deal with the land or any portion of the land comprised in his or her certificate, or other instrument of title, to deposit with him or her a map or plan of such land, verified by the declaration of a Licensed Surveyor; and if such person or proprietor shall neglect or refuse to comply with such requirement, it shall not be incumbent on the Registrar-General to proceed with the bringing of such land under the provisions of this

Act, or with the registration of such transfer or dealing;

(l)

To destroy certain documents the

Registrar‑General may, notwithstanding any other provision of this Act, with the approval of the Attorney-General, and subject to

Part 7 of the State

Records Act 1997, deliver to an appropriate person or destroy any record, document, instrument, plan, diagram, book or paper or any other paper writing, whether of the same kind as those before enumerated or not, that is deposited with or registered at the Lands Titles Registration Office the retention of which, in the Registrar‑General's opinion, serves no useful purpose.

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220 Powers of Registrar-General