South Australian Current Acts

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REAL PROPERTY ACT 1886 - SECT 233

233—Other offences

A person who—

            (a)         wilfully and fraudulently makes any false statement in any application to bring land under the provisions of this Act, or in any application to be registered as proprietor, whether in possession, reversion, remainder, or otherwise on a transmission, or in any other application to be registered under this Act as proprietor of any land, or any estate or interest in any land;

            (b)         wilfully and fraudulently suppresses, withholds, or conceals, or assists, or joins in, or is privy to the suppressing, withholding, or concealing from the Registrar-General or any Deputy Registrar-General any material document, fact, or matter of information;

            (c)         wilfully and fraudulently gives false evidence, or makes a false statement in his examination before the Registrar-General or any Deputy Registrar-General;

            (d)         without lawful authority and knowing that no such authority exists intentionally alters or causes to be altered—

                  (i)         a certificate of title filed in the Register Book; or

                  (ii)         records made by the Registrar-General by an electronic, electromagnetic, optical or photographic process under Division 2 of Part 5 or a certificate of title issued under that Division; or

                  (iii)         any instrument comprising part of the Register Book; or

                  (iv)         any instrument or form issued by the Registrar-General; or

                  (v)         a client authorisation;

            (da)         fraudulently uses, assists in fraudulently using or is privy to the fraudulent using of a digital signature within the meaning of the Electronic Conveyancing National Law (South Australia) ;

            (e)         fraudulently uses, assists in fraudulently using, or is privy to the fraudulent using of any form purporting to be issued or sanctioned by the Registrar-General;

            (f)         knowingly misleads or deceives any person hereinbefore authorised to demand explanation or information in respect of any land, or the title to any land, which is the subject of any application to bring the same under the provisions of this Act, or in respect of which any instrument is proposed to be registered or recorded,

is guilty of an offence.

Maximum penalty: $50 000 or imprisonment for 10 years.



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