Victorian Current Acts

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DUTIES ACT 2000 - SECT 174

Stamping counterpart or collateral instrument if mortgage is lost, destroyed or cannot be produced

    (1)     A counterpart of a mortgage or a collateral security for an amount secured by a mortgage is taken to be the mortgage and may accordingly be stamped or upstamped for mortgage duty purposes if, on application by or on behalf of a person who is a party to the mortgage, the Commissioner is satisfied that—

        (a)     the mortgage has been lost or destroyed; or

        (b)     because of being deposited in the Office of Titles or from other reasonable cause, the mortgage cannot conveniently be produced.

    (2)     For the purposes of subsection (1), a reproduction of a mortgage or a collateral security for an amount secured by a mortgage is taken to be a counterpart of that mortgage if it is purported to be signed by the Registrar of Titles.

S. 174(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 17).

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Chapter 8—Insurance

Part 1—Introduction and overview



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