Queensland Consolidated Acts

LAND ACT 1994 - SECT 288A

288A Original mortgagee to confirm identity of mortgagor

(1) This section applies to—

(a) the mortgaging of a lease or sublease; and

(b) an amendment of a mortgage mentioned in paragraph (a) .

(2) Before the mortgage or amendment is lodged for registration, the mortgagee under the mortgage (the
"original mortgagee" ) must take reasonable steps to ensure the person who is the mortgagor under the mortgage or amendment is identical with the person who is, or who is about to become, the lessee of the lease or sublessee of the sublease.

(2A) For subsection (2) , a person is the mortgagor under a mortgage or amendment of mortgage if the person executes the mortgage or amendment as mortgagor, including, if the mortgage or amendment is an electronic conveyancing document, through a subscriber digitally signing the document under the Electronic Conveyancing National Law (Queensland) .

(2B) Also, for subsection (2) , a person is the mortgagor under a mortgage or amendment of mortgage if the mortgage or amendment is an electronic conveyancing document and the person signs, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (Queensland) —

(a) is required as a supporting document for the mortgage or amendment of mortgage; and

(b) is required to be kept by the original mortgagee.

(3) Without limiting subsection (2) , the original mortgagee takes reasonable steps under the subsection if the original mortgagee complies with practices included in the manual of land title practice under section 286A (2) (c) for the verification of identification of mortgagors.

(4) The original mortgagee must, for 7 years after the mortgage or amendment is registered, and whether or not there is registered a transfer of the mortgage—

(a) keep, in the approved form, a written record of the steps taken under subsection (2) ; or

(b) keep originals or copies of the documents and other evidence provided to or otherwise obtained by the original mortgagee in complying with subsection (2) .

Penalty—

Maximum penalty—20 penalty units.

(5) The registrar of titles may, whether before or after the registration of the mortgage or amendment, and whether or not there has been registered a transfer of the mortgage, ask the original mortgagee—

(a) to advise the registrar about the steps taken by the original mortgagee under subsection (2) ; and

(b) to produce for the registrar’s inspection the written record mentioned in subsection (4) (a) or the originals or copies mentioned in subsection (4) (b) .

(6) The original mortgagee must comply with a request under subsection (5) unless the original mortgagee has a reasonable excuse.

Penalty—

Maximum penalty—20 penalty units.

(7) This section applies to a mortgage only if it is executed after the commencement of this section.