Registrar-General may require production or verification of documents or information
220A Registrar-General may require production or verification of documents or information
The
Registrar‑General may, for a purpose connected with the administration or enforcement of this Act or the Electronic
Conveyancing National Law (South Australia), or to protect the integrity of the Register Book or the Register of
Crown Leases, by notice in writing, require a person to do 1 or more of the following within a period, or at a time, specified in the notice:
produce to the Registrar‑General an instrument, document or other item in the person's custody or control;
provide information to the Registrar‑General;
verify the execution of an instrument or document in any manner the
Registrar‑General thinks fit.
A person who, without reasonable excuse, refuses or fails to comply with a requirement of the Registrar‑General under subsection (1) is guilty of an offence.
Maximum penalty: $10 000.
An instrument, document or other item produced to the Registrar‑General may be retained for the purpose of enabling the instrument, document or item to be inspected and enabling copies of, or extracts or notes from, the instrument, document or item to be made or taken by or on behalf of the Registrar‑General.
However, if the instrument, document or item is required by the
Registrar‑General as evidence for the purposes of legal proceedings, the instrument, document or item may be retained until the proceedings are finally determined.
The
Registrar‑General must permit a person who would be entitled to inspect the instrument, document or item if it were not in the possession of the Registrar‑General to inspect the instrument, document or item at any reasonable time.
Nothing in this section prejudices a lien a person has on the instrument, document or item.
A person is not excused from providing information or producing an instrument, document or item, when required to do so under this section, on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.
However, if the person objects to providing the information or producing the instrument, document or item on that ground, the information, instrument, document or item is not admissible against the person in any criminal proceedings other than—
a proceeding about the false or misleading nature of anything in the information, instrument, document or item; or
a proceeding in which the false or misleading nature of the information, instrument, document or item is relevant evidence; or
a proceeding regarding failure to retain documents or records as required by this Act; or
a proceeding regarding provision of a certification in contravention of this Act.
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