New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 117

Certificate of correctness

117 Certificate of correctness

(1) The Registrar-General may reject, or may refuse to accept or to take any action in relation to, any primary application, dealing, caveat or priority notice unless it is certified:
(a) if it is lodged in electronic form by means of an Electronic Lodgment Network--in accordance with the participation rules made under the Electronic Conveyancing National Law (NSW) , or
(b) if it is lodged in paper form--in accordance with the conveyancing rules.
(2) The Registrar-General may reject, or may refuse to accept or to take any action in relation to, any dealing accompanied by a notice (in accordance with section 39 (1B)) unless:
(a) in the case of any dealing accompanied by a notice that is lodged by means of an Electronic Lodgment Network--the dealing is accompanied by a certificate in electronic form to the effect that the notice has been lodged electronically in a form and in the manner approved by the Registrar-General and the notice is correct for the purposes of this Act, and
(b) in the case of a notice lodged electronically (other than through an Electronic Lodgment Network)--the dealing is accompanied by a certification to the effect that the notice has been lodged electronically in a form and in the manner approved by the Registrar-General and that the notice is correct for the purposes of this Act, and
(c) in any other case--the notice bears a certificate in the form required by the conveyancing rules to the effect that the notice is correct for the purposes of this Act.
Note : The notice referred to in section 39 (1B) is a notice of the sale or transfer of land.
(3) A certificate referred to in subsection (2) must be signed (or, in the case of an electronic certificate, digitally signed) by:
(a) the person lodging the dealing, or
(b) a party to the dealing, or
(c) a solicitor or agent acting for the person lodging, or a party to, the dealing.
(4) A person must not falsely or negligently certify to the correctness of any application, dealing, caveat or notice referred to in this section.
Maximum penalty: 10 penalty units.
(5) The conviction of a person under subsection (4) does not prevent a person who may have sustained any damage or loss in consequence of an error or mistake in any such certified application, dealing or caveat from recovering damages against the person certifying.



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