South Australian Current Acts South Australian Current Acts (1) If a person (the
"disclaimant") (whether a trustee or not) who is registered as proprietor of
an estate or interest in land advises the Registrar-General in writing that
the registration occurred without the person's consent, the Registrar-General
must give written notice of that advice (the
"disclaimer") to all other persons whose names appear on the certificate of
title and who, in the Registrar-General's opinion, may be affected by the
disclaimer.
(2a) In the notice the
Registrar-General must specify a day, not earlier than 21 days after the day
on which the notice would be delivered to the addressee in the ordinary course
of post, on or before which the person to whom it is given may lodge with the
Registrar-General a notice of objection to the registration of the instrument
of disclaimer.
(3) If no notice of
objection is lodged and the Registrar-General is satisfied that the
disclaimant was registered without the disclaimant's consent, the
Registrar-General must give effect to the disclaimer by making such entries,
alterations and corrections in the Register Book as are necessary for that
purpose, and by cancelling any certificate which it is necessary to cancel.
(4) If no notice of
objection is lodged but the Registrar-General is not satisfied that the
disclaimant was registered without his or her consent—
(a) the
Registrar-General must not take steps to give effect to the disclaimer except
in accordance with an order of the Court under subsection (6); and
(b) the
Registrar-General must give the disclaimant written notice that he or she does
not intend to give effect to the disclaimer except in accordance with such an
order.
(5) If a notice of
objection is lodged on or before the day specified by the
Registrar-General—
(a) the
Registrar-General must not take steps to give effect to the disclaimer except
in accordance with an order of the Court under subsection (6); and
(b) the
Registrar-General must give the disclaimant written notice of the objection.
(6) A disclaimant who
has received a notice under subsection (4)(b) or (5)(b) may apply to the
Court for an order that the Registrar-General take such action as is necessary
to give effect to the disclaimer and on such an application the Court may make
any order it considers just.
(7) Nothing done under
this section releases a person from any trust or other liability, if the
person has acted in the trust or by his or her own act incurred the liability.