New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 197

197 Official searches

(1) Where a request that complies with the lodgment rules under the Real Property Act 1900 is lodged with the Registrar-General for a search to be made in respect of matters registered or recorded by the Registrar-General pursuant to any provision of this Act, affecting or relating to the title to any land (other than land subject to the provisions of the Real Property Act 1900 ), the Registrar-General shall, if the records kept by the Registrar-General enable the Registrar-General to comply with the request--

(a) cause the requested search to be made,

(b) cause to be made and filed a certificate specifying full and correct particulars of the result of the search, and

(c) issue an office copy of that certificate to the person who lodged the request.

(3) Where--

(a) a person purchases or disposes of land in reliance on the correctness of an office copy issued under subsection (1)(c), and

(b) as a result of an error in, or omission from, that office copy (other than an error or omission which occurred in a certificate provided to the Registrar-General under section 184D) the person suffers loss or damage in so acting,

the person may recover compensation in proceedings against the Crown under the Crown Proceedings Act 1988 .

(4) Where a solicitor or licensed conveyancer acts for a person referred to in subsection (3) and in so acting relies on the correctness of an office copy so referred to, that person has no cause of action against the solicitor or licensed conveyancer for any loss or damage suffered as a result of an error in, or omission from, that office copy if it is not an error or omission which occurred in a certificate provided by the solicitor to the Registrar-General under section 184D.

(5) A person employed in the exercise of titling and registry functions is guilty of an offence and liable to a penalty not exceeding 10 penalty units--

(a) if the person commits, or is party or privy to, any fraudulent act in relation to a certificate or office copy referred to in subsection (1), or

(b) if the person is wilfully negligent in the making of, or otherwise in relation to, such a certificate or office copy.

(7) Where an office copy of a certificate is issued under subsection (1)(c), or was issued under the section that this section replaces, the Registrar-General may, without keeping any copy or record thereof, destroy the certificate, and any document that relates to the certificate, after six years have elapsed since the issue of the office copy of the certificate.

(8) A prosecution for an offence under subsection (5) may be heard and determined before the Local Court.