New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 23A

Instruments of title, how to be dealt with

23A Instruments of title, how to be dealt with

(1) For the purposes of this section,
"instrument" , in relation to a primary application or a primary applicant, means an instrument deposited with the Registrar-General that relates to land the subject of the primary application, whether so deposited by the primary applicant or by some other person and whether so deposited pursuant to section 64 of the Conveyancing Act 1919 or otherwise.
(2) Upon creating a folio of the Register under this Part, the Registrar-General shall endorse on each instrument relating to the primary application pursuant to which the Registrar-General created the folio a memorial cancelling it in so far as it relates to land under the provisions of this Act.
(3) Subject to subsection (4), upon creating a folio of the Register under this Part, the Registrar-General:
(a) shall retain in the Registrar-General's office every instrument relating to the primary application pursuant to which the folio was created until it is delivered or destroyed pursuant to this section, and no person shall be entitled to the production of an instrument so retained except upon the written order of the primary applicant, or of some person claiming through or under the primary applicant, or upon the order of the Supreme Court,
(b) shall deliver to the primary applicant or other person entitled thereto any instrument that relates to land not under the provisions of this Act, and
(c) subject to paragraph (b), may destroy any instrument or may deliver it to the primary applicant or other person entitled thereto or to any person who has satisfied the Registrar-General that he or she bona fide intends to preserve the instrument for historical purposes.
(4) The provisions of subsection (3):
(a) apply to instruments relating to primary applications pursuant to which folios of the Register were created before or after the commencement of the Real Property (Amendment) Act 1970 ,
(b) do not apply to instruments deposited pursuant to section 64 of the Conveyancing Act 1919 , and
(c) are subject to the provisions of section 21 of the State Records Act 1998 .



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