Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The registrar-general may—
(a) require the proprietor or other person making application to have any land brought under this Act, or the proprietor or mortgagee or other person interested in any land under this Act, in respect of which any transfer, lease, mortgage, encumbrance or other dealing or any release from any mortgage or encumbrance has been presented to the registrar-general for registration under this Act, or in respect of which any transmission is about to be registered or which or any portion of which has been resumed or withdrawn, to produce any grant, conveyance, deed, mortgage, lease, will or other document or instrument in his or her possession or within his or her control affecting the land or the title thereto; and
(b) summon any such proprietor, mortgagee or other person mentioned in paragraph (a) to appear and give any explanation respecting the land or the documents or instruments affecting the title thereto; and
(c) for an instrument lodged under section 48BA or section 48BB—require the legal practitioner or mortgagee corporation to produce a document in relation to which certification under those sections was given; and
Note The registrar-general may also require documents in relation to an instrument from a legal practitioner or mortgagee corporation under s 48BH.
(d) keep a record of administrative interests on the register;
Note Administrative interest —see s 69A.
(e) administer oaths or may take a statutory declaration in lieu of administering an oath; and
(f) correct or alter the register to the extent and in the manner provided by sections 160, 161 and 162A; and
(g) on the application of a registered proprietor and on production of any evidence that the registrar-general requires—record in the register that an interest in land has been extinguished by merger; and
(h) enter a caveat on behalf of any person under a legal disability or who is absent from Australia, or on behalf of the Commonwealth, to prohibit the transfer or dealing with any land belonging or supposed to belong to any such person, and also to prohibit the dealing with any land in any case in which it appears to him or her that an error has been made by misdescription of the land or otherwise in any document or instrument, or for the prevention of any fraud or improper dealing; and
(i) without erasing or rendering illegible the original measurements, alter—
(i) grants, the register and entries made therein; and
(ii) any maps, plans, documents and instruments deposited or lodged with him or her, whether under this or any other Act;
so as to express in metric units, to the 3rd decimal place, any measurements contained therein that are expressed in imperial units.
(2) The registrar-general has, and may exercise, if a notice of a determination made under the Rates and Land Rent (Relief) Act 1970
, section 3, or a memorandum of discharge under that Act, section 18, is presented to him or her for registration, all or any of the powers conferred by subsection (1) as if the notice were a mortgage, or the memorandum of discharge were a discharge of a mortgage, presented to him or her for registration under this Act.
(3) If notice in writing is given to the registrar-general that land, or an interest in land, is affected by—
(a) a Territory or Commonwealth law; or
(b) anything done under a Territory or Commonwealth law;
the registrar-general must make a record in the register that the land or interest has been so affected.
(4) For subsection (3), the following provisions apply:
(a) subject to any relevant provision of the Territory or Commonwealth law, a record made under that subsection takes effect accordingly;
(b) that subsection does not apply to a matter if a provision of a Territory or Commonwealth law makes provision (however expressed) for making a record in the register in respect of the matter.
(5) If a record—
(a) was made in the register before the date of commencement of subsection (3) (the commencement date ); and
(b) was not, when made, authorised or required by a Territory or Commonwealth law to be made in the register; and
(c) could, on and after the commencement date, have been made under that subsection;
the record takes effect, on and after the commencement date, as a record made under that subsection.
(6) If—
(a) the register contains a record in relation to land or an interest in land; and
(b) the lease of the land is surrendered by the lessee; and
(c) a new lease of the land comprised in the surrendered lease is granted to the lessee;
the registrar-general must make a corresponding record in the register in relation to the new lease.
(7) The registrar-general may allow a document that is required or permitted to be presented or lodged with the registrar-general for this or any other Act to be presented by such means, including electronic means, as the registrar-general thinks fit.
(8) The registrar-general may deal with any document the registrar-general is required or permitted to deal with under this Act or another territory law electronically or by any other means the registrar-general considers fit.