South Australian Current Acts South Australian Current Acts (1) Subject to
subsection (2), the Registrar-General must not register or record an
instrument purporting to deal with or affect land (including an instrument
lodged electronically under the Electronic Conveyancing National Law (South
Australia) ) unless a prescribed person has, on behalf of each person required
to execute the instrument under this Act, provided certification in the
appropriate form—
(a) in
relation to compliance with relevant legislation; and
(b) that
the requirements of this Act in relation to verification of identity,
verification of authority and execution of documents have been complied with
in respect of the instrument; and
(c) that
any document relevant to certification of the instrument that is required to
be retained under this Act has been so retained; and
(d) that
there has been compliance with any other requirements prescribed by regulation
for the purposes of this section.
(1a) Certification
under subsection (1) may only be provided by a natural person who has
personal knowledge as to the matters to which he or she is certifying.
(1b) If the party
required to provide certification under subsection (1) is a body
corporate that is a mortgagee, the certification may be given by an employee
of the body corporate who has personal knowledge as to the matters to which he
or she is certifying.
(1c) If an instrument
is lodged electronically under the Electronic Conveyancing National Law (South
Australia) , certification required under subsection (1) in respect of
the instrument will be taken to be in the appropriate form if it complies with
the participation rules.
(2) The
Registrar-General may, in his or her discretion, exempt a prescribed person,
or classes of instrument prescribed by regulation, from any or all of the
certification requirements under subsection (1).
(3) The
Registrar-General may vary or revoke an exemption under subsection (2).
(4) In this
section—
"prescribed person" means—
(a) a
legal practitioner; or
(b) a
registered conveyancer; or
(c) if
the applicant is not represented by a legal practitioner or
registered conveyancer—the applicant; or
(d) if a
party to an instrument is not represented by a legal practitioner or
registered conveyancer—that party; or
(e) if a
provision of this Act requires or permits some other person to provide
certification under subsection (1)—that person.