Land Titles Act 1980

In this section – lodgement includes lodging, depositing, presenting, processing, sending, giving or filing – a dealing, instrument or document in accordance with section 48A, 48B or 48C; and electronically in accordance with section 7 of the Electronic Conveyancing National Law (Tasmania); and in an electronic form; and in an electronic manner; and in person; and by post; published includes publication by all or any of the following means:by means of a public website maintained by or on behalf of the Department; by means of a publication issued by the Recorder; by any other means that the Recorder considers appropriate in the circumstances; working day means any day other than – a Saturday; or a Sunday; or a statutory holiday as defined in the Statutory Holidays Act 2000.

The Recorder may issue directions specifying the requirements and procedures (whether electronic requirements and procedures or paper requirements and procedures, or both electronic and paper requirements and procedures) to be followed for, or in connection with, the preparation, and the lodgement for registration, of applications, dealings, instruments, and other documents, for the purposes of this Act.

Without limiting subsection (2), the Recorder may issue directions specifying the requirements, and the procedures, to be followed in relation to any one or more of the following:verification of identity and authority, including – the standards to which identity and authority are to be verified; and the classes of persons in respect of whom identity and authority are to be verified; and the classes of documents in relation to which verification of identity and authority requirements apply; and the classes of persons who may undertake verification of identity and authority; and any supporting evidence or retention requirements; agent or client authorizations, including – the form of an agent or client authorization; and the classes of documents to which an agent or client authorization applies; and any supporting evidence or retention requirements; the certification of matters relating to applications, dealings, instruments, and other documents, including – the form of the certification; and the classes of persons who may certify those matters; and any supporting evidence and retention requirements; the retention of supporting or authenticating documents generally, including the period of retention; the obligations of persons to produce to the Recorder any supporting or authenticating documents, including the period for which the Recorder may retain those documents; the classes of applications, dealings, instruments, and other documents, that may be lodged electronically; the obligations of persons preparing or lodging applications, dealings, instruments, and other documents (including warranties and representations); the classes of applications, dealings, instruments, and other documents, which are not required to be witnessed for the purposes of this Act (including providing for certification, authentication or other alternatives to execution or attestation); the persons authorized under this Act to execute or attest any applications, dealings, instruments, and other documents, (including providing for certification, authentication or other alternatives to execution or attestation); the ways in which consent may be given to the registration of applications, dealings, instruments, and other documents; the method for the payment of any fees required to be paid for the purposes of this Act; the form and the manner in which a certificate of title, if any, may be lodged, issued, called in, prepared, delivered up, produced, kept, registered or otherwise dealt with for the purposes of this Act (including dispensing with the production of a certificate of title, if any); the form and the manner in which the registration of applications, dealings, instruments, and other documents, may be confirmed.

The Recorder may, at any time, by notice revoke, or amend, a direction issued under subsection (2).

A direction issued by the Recorder under subsection (2), and a notice of the revocation or amendment of any such direction under subsection (4), must – specify the date on which the direction, or the revocation or amendment of the direction, is to take effect; and specify the period for which the direction is in effect or that the direction is in effect indefinitely; and be in writing.

The Recorder is to cause each direction issued by the Recorder under subsection (2), and each revocation or amendment of any such direction under subsection (4), to be published – at least 20 working days before the date on which the direction, or the revocation or amendment of the direction, is specified to take effect in accordance with subsection (5)(a); or less than 20 working days before the date on which the direction, or the revocation or amendment of the direction, is specified to take effect in accordance with subsection (5)(a), if the Recorder is satisfied that the direction, or the amendment or revocation, is urgent.

A person must comply with a direction issued by the Recorder under subsection (2).

The Recorder may refuse to register an application, dealing, instrument, or other document, that does not comply with a direction issued by the Recorder under subsection (2).

Despite subsection (8), if the Recorder considers it appropriate to do so in the circumstances, the Recorder may register an application, dealing, instrument, or other document, that does not comply with a direction issued by the Recorder under subsection (2).

A direction issued by the Recorder under subsection (2) – is not a statutory rule within the meaning of the Rules Publication Act 1953; and is not subordinate legislation for the purposes of the Subordinate Legislation Act 1992.

A notice made by the Recorder under subsection (4) – is not a statutory rule within the meaning of the Rules Publication Act 1953; and is not subordinate legislation for the purposes of the Subordinate Legislation Act 1992.