Purchase of Crown land by false representation
28 Purchase of Crown land by false representation
No person shall, for or in connection with the purchase of any Crown land, make any representation which he knows to be false. Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months.
Where any person becomes the purchaser or registered proprietor of any Crown land under this Act by making a false representation, the Minister may, if he is of the opinion that the representation is in respect of a material particular, by notice published in the Gazette declare that all the right, title, and interest of that person in that land is extinguished, and – lodge with the Recorder of Titles a copy of the notice, if the land is under the Land Titles Act 1980; or register the notice under the Registration of Deeds Act 1935, if the land is not under that Act.
Where – a notice is lodged with the Recorder of Titles in accordance with subsection (2)(a), he shall register the Crown as the proprietor of the land; and a memorial of a notice is lodged with the Registrar of Deeds in accordance with subsection (2)(b), he shall register the memorial.
Upon registration of a notice in accordance with subsection (2)(b) or subsection (3) – all contracts, agreements, securities, or other documents made, entered into, or given in respect of the purchase of the land shall become illegal and void; and the right, title, and interest of that person, or his assignee having notice of the representation, and all moneys paid in respect of that land shall become forfeited to the Crown; and the land, with all improvements thereon, shall revert to the Crown.
A notice under subsection (2) is not a statutory rule within the meaning of the Rules Publication Act 1953.
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