South Australian Current Acts

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REAL PROPERTY ACT 1886 - SECT 221

221—Reviews

        (1)         If a person is dissatisfied with a decision of the Registrar-General in relation to an application by the person—

            (a)         to have an instrument registered or recorded; or

            (b)         to have a foreclosure order issued; or

            (c)         to have the Registrar-General do or perform an act or duty under this Act,

the person may seek a review of the decision by the Tribunal.

        (1a)         If a person is dissatisfied with a decision of the Registrar-General to cancel the registration of a mortgage under section 147, the person may seek a review of the decision by the Tribunal.

        (2)         If the Registrar-General decides under section 154A(12) that a person is a vexatious lodger of priority notices, the person may seek a review of the decision by the Tribunal.

        (3)         If the Registrar-General rejects a priority notice lodged by a person in relation to whom a determination has been made under section 154A(12), the person may seek a review by the Tribunal of the decision to reject the notice.

        (4)         If the Registrar-General refuses an application under section 154F for the cancellation of a priority notice, the applicant may seek a review by the Tribunal of the decision to refuse to cancel the notice.

        (5)         If the Registrar-General cancels a priority notice under section 154F, a person affected by the cancellation may seek a review by the Tribunal of the decision to cancel the notice.

        (6)         A decision subject to review by the Tribunal under this section will be reviewed by the Tribunal within its review jurisdiction under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 .

        (7)         Subject to subsection (9), an application for review of a decision must be made within 21 days of the day on which the applicant receives notice of the decision.

        (8)         The Registrar-General must, if so required by a person affected by a decision of the Registrar-General that is, or may be, the subject of a review, state in writing the reasons for the decision.

        (9)         If the reasons of the Registrar-General are not given in writing at the time the applicant receives notice of the decision and the applicant (within 21 days of receiving notice of the decision) requires the Registrar-General to state the reasons in writing, the time for making an application for review of the decision runs from the time at which the applicant receives the written statement of those reasons.

        (10)         Without derogating from section 37 of the South Australian Civil and Administrative Tribunal Act 2013 , the Tribunal may, on an application under this section, make any 1 or more of the following orders:

            (a)         an order prohibiting a person from lodging a priority notice in the Lands Titles Registration Office;

            (b)         an interim order extending the duration of a priority notice until the determination of the application or until a date specified by the Tribunal or until further order;

            (c)         an interim order preventing the Registrar-General from registering or recording a specified instrument until the determination of the application.



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