AustLII Tasmanian Consolidated Acts

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LAND TITLES ACT 1980 - SECT 169A

Power of Recorder to approve forms

(1)  The Recorder may at any time approve forms for use under this Act, the Powers of Attorney Act 2000 , the Public Trusts Act 1882 , the Registration of Deeds Act 1935 , the Strata Titles Act 1998 and any other law which requires documents to be lodged with the Recorder.
(2)  An approval of a form does not have effect until 14 days after notice of the approval is given and published in accordance with subsection (3) .
(3)  Where the Recorder approves a form under subsection (1)  –
(a) the Recorder must give written notification of the approval to the Law Society of Tasmania and cause notice of the approval to be published –
(i) .  .  .  .  .  .  .  .  
(ii) in each daily newspaper circulating generally in Tasmania with a statement that any new or amended form is available from the Land Titles Office; and
(iii) in such other manner as the Recorder thinks fit; and
(b) the Recorder may supply the form bearing the seal of office used under section 6 , free of charge or at a moderate charge; and
(c) the Recorder may license persons to print and sell the form bearing the seal of office used under section 6 ; and
(d) any previous approval under subsection (1) of a form for the same purpose ceases to have any force or effect.
(4)  Where the Recorder approves a form under subsection (1) , the Recorder may register, record or grant, as the case may be, any dealing or instrument that is lodged within a period of 12 months after the approval and takes the form required immediately before the approval.
(5)  The Recorder may, on receipt of the prescribed fee –
(a) approve a form that has been prepared by a person with the object of selling it for use by other persons; and
(b) license that person to print and sell the form being the seal of office used under section 6 .
(6)  Subject to subsection (11) , where the Recorder approves a form under subsection (5) , any previous approval under that subsection of a form for the same purposes ceases to have any force or effect.
(7)  Where the Recorder approves a form under subsection (5) , the Recorder may register, record or grant, as the case may be, any dealing or instrument that is lodged within a period of 12 months after the approval and takes the form required immediately before the approval.
(8)  The Recorder may, on receipt of the prescribed fee –
(a) approve a form under subsection (1) ; and
(b) authorise a person to print the form, bearing the seal of office used under section 6 , for use by that person.
(9)  Subject to subsection (11) , where the Recorder approves a form under subsection (8) for use by a person, any previous approval under that subsection of a form for use by that person for the same purpose ceases to have effect.
(10)  Where the Recorder approves a form under subsection (8) , the Recorder may register, record or grant, as the case may be, any dealing or instrument that is lodged within the period of 12 months after the approval and takes the form required immediately before the approval.
(11)  A form approved under subsection (1) , (5) or (8) is to specify –
(a) the full names of the parties to the dealing to which the form relates; and
(b) a description of the land affected by the dealing; and
(c) the nature of the transaction to be effected by the dealing –
and on any such approval, the Recorder may register, record or grant, as the case may be –
(d) any dealing or instrument that the Recorder is satisfied –
(i) takes the form required by this Act at the time of its execution; or
(ii) is in accordance with a form previously approved under this section; or
(e) any dealing or instrument that contains departures, otherwise than in matters of substance, from an approved form but is sealed with the seal of office used under section 6 as if it were in an approved form.



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