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LAND ACT 1994 - SECT 311
Witnessing documents for individuals
311 Witnessing documents for individuals
(1) A person who witnesses a document signed by an individual must— (a)
first take reasonable steps to verify the identity of the individual and
ensure the individual is the person entitled to sign the document; and
(b)
have the individual sign the document in the presence of the person; and
(c)
not be a party to the document.
(2) Without limiting subsection (1) (a) , the
person takes reasonable steps to verify the identity of the individual if the
person complies with practices included in the manual of land title practice
under section 286A (2) for verifying the individual’s identity.
(3) The
person must, for 7 years after the person witnesses the signing of the
document— (a) keep a written record of the steps taken under subsection (1)
(a) ; or
(b) keep originals or copies of the documents and other evidence
provided to or otherwise obtained by the person in complying with subsection
(1) (a) .
(4) The registrar of titles may, whether before or after the
registration of the document, ask the person— (a) to advise the registrar
about the steps taken by the person under subsection (1) (a) ; and
(b) to
produce for the registrar’s inspection the written record mentioned in
subsection (3) (a) or the originals or copies mentioned in subsection (3) (b)
.
(5) The person must comply with a request under subsection (4) unless the
person has a reasonable excuse. Penalty— Maximum penalty—20 penalty
units.
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