New South Wales Consolidated Acts
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REAL PROPERTY ACT 1900 - SECT 36
Lodgment and registration of documents
36 Lodgment and registration of documents
(1) In this section:
"caveat" means a caveat referred to in section 74F.
"memorandum" has the same meaning as it has in section 80A (1).
(1A) When the
Registrar-General accepts a dealing, memorandum, caveat or priority notice
presented for lodgment, the Registrar-General shall allot thereto a
(1B) A dealing, memorandum, caveat or priority notice
is lodged, within the meaning of this Act, only when the Registrar-General
has, under subsection (1A), allotted thereto a distinctive reference.
The Registrar-General may refuse to accept a dealing, memorandum, caveat or
priority notice presented for lodgment if it does not comply with any
requirement made, with respect to the dealing, memorandum, caveat or priority
notice, by or under this or any other Act.
(1D) Without affecting the
generality of subsection (1C), the Registrar-General may refuse to accept a
dealing, caveat or priority notice presented for lodgment:
(a) that does not
recite the distinctive reference allotted under this Act to the folio of the
Register or to the registered dealing intended to be affected by the dealing,
caveat or priority notice,
(b) unless the regulations or conveyancing rules
otherwise provide, that is not attested by a witness who is not a party to the
dealing, caveat or priority notice, or
(c) that is not lodged in a manner
approved for the time being by the Registrar-General.
(1E) If the
Registrar-General has grounds for believing that a dealing, caveat or priority
notice has not been duly executed or attested, the Registrar-General may
require the execution or attestation to be proved in such manner as the
Registrar-General thinks fit.
(2) Where a plan referred to in subsection (3),
or a dealing, caveat or priority notice, presented for lodgment purports to
have been executed under a power of attorney, the Registrar-General may
(a) to accept it for lodgment, or
(b) to make any recording or entry
in the Register or take any other action in respect of it, unless the power of
attorney has been registered as provided for by the Powers of Attorney Act
(3) Where a plan intended to be registered pursuant to the provisions
of the Strata Schemes Development Act 2015 or a dealing, caveat, priority
notice or other document purports to have been signed or otherwise executed
under a power of attorney or under any other power or authority, whether
statutory or not, the Registrar-General may assume that the plan, dealing,
caveat, priority notice or other document was so signed or otherwise executed
and that there was sufficient power or authority for its being signed or
(4) Where two or more dealings which affect the same land
have been lodged and are awaiting registration, the Registrar-General may
register those dealings in the order which will give effect to the intentions
of the parties as expressed in, or apparent to the Registrar-General from, the
(5) Subject to section 12A, where the intentions of the parties to
dealings referred to in subsection (4) appear to the Registrar-General to
conflict, the order of registration shall be the order in which the dealings
were lodged in registrable form.
(6) For the purposes of this section:
dealing that is lodged in registrable form and is subsequently uplifted shall
be deemed not to be in registrable form until relodged in a manner approved
for the time being by the Registrar-General and in registrable form,
dealing shall be deemed not to be in registrable form:
(i) if, notwithstanding
anything done under section 39 (3), the dealing requires a material
correction, alteration or addition,
(ii) unless the Registrar-General has
authority to use, for the purpose of registering the dealing, the relevant
certificate of title, or
(iii) unless the dealing is in the approved form,
(c) notwithstanding that it may have been accepted for lodgment by the
Registrar-General, a dealing that is not in registrable form shall, where it
is not uplifted, be deemed not to have been lodged with the Registrar-General
until it is in registrable form.
(6AA) A caveat that is lodged with the
Registrar-General and is subsequently uplifted is ineffective to prohibit the
recording or registration of any dealing or delimitation plan, or the granting
of any application, the recording, registration or granting of which is
prohibited by the caveat, until the caveat is relodged with the
(6A) A dealing is registered when the Registrar-General
has made such recording in the Register with respect to the dealing as the
Registrar-General thinks fit.
(7) Where two or more dealings that affect the
same land have been lodged and are awaiting registration the Registrar-General
may, if the Registrar-General thinks fit, register those dealings by making
one or more recordings in such part or parts of the Register as the
Registrar-General considers appropriate.
(8) Dealings registered under
subsection (7) shall be deemed to have been duly registered notwithstanding
any requirement in this Act that dealings be executed by a registered
proprietor and, for the purposes of Part 4A or 14, upon registration of such a
dealing a person expressed therein to take an estate or interest in land under
the provisions of this Act shall be deemed to have become registered as
proprietor of that estate or interest according to the tenor of the dealing.
(9) Dealings registered with respect to, or affecting the same estate or
interest shall, notwithstanding any notice (whether express, implied or
constructive), be entitled in priority the one over the other according to the
order of registration thereof and not according to the dates of the dealings.
(10) Upon registration of a dealing the Registrar-General shall deliver any
duplicate thereof to the person who, pursuant to section 33A, appears to the
Registrar-General to be entitled thereto.
(11) Upon registration, a dealing
shall have the effect of a deed duly executed by the parties who signed it.
(12) If the Registrar-General refuses to register a dealing executed or lodged
in electronic form and the parties to the dealing wish to proceed with the
registration, the Registrar-General may require the relevant instruments to be
executed and lodged for registration in paper form.
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