Queensland Consolidated Acts

LAND ACT 1994 - SECT 308

308 Withdrawing lodged document before registration

(1) The registrar of titles may withdraw a document, or permit a document to be withdrawn, if the registrar is satisfied—

(a) the document will not give effect to the intention expressed in it or a related document because of the order in which the document has been lodged in relation to other documents; or

(b) the document should not have been lodged, including, for example, because the document can not be given legal effect.

Example of a document that can not be given legal effect—

a power of attorney that names the same person as principal and attorney

(2) A document withdrawn by the registrar of titles under subsection (1) remains in the land registry, unless the document is a document that should not have been lodged.

(3) The registrar of titles may relodge a document that has been withdrawn by the registrar.

(4) On receiving a written application, the registrar of titles may permit the applicant to relodge a document that the registrar has permitted to be withdrawn.

(5) A document withdrawn under subsection (1) loses its priority and is taken to have been lodged on the day and at the time endorsed on it by the registrar of titles on its relodgement.