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TRANSFER OF LAND ACT 1958 - SECT 27D

Evidence

    (1)     In any proceedings a document certified in writing signed by the Registrar to be a record, as at a particular date, of the information recorded on any part of a folio of the Register is conclusive proof, without production of the folio of the Register, that at that date the recordings on the folio to which the document applies were as stated in the document.

    (2)     A document under subsection (1) may relate to recordings on a folio of the Register or to recordings existing at any earlier time.

    (3)     If a document under subsection (1) relates to recordings other than the recordings on a folio of the Register, the document may be based on information derived from other records or documents kept by or available to the Registrar.

    (4)     Subsections (2) and (3) also apply, with the necessary modifications, to a document certified under subsection (1) that relates to a recording in the Register that has become illegible or unavailable.

    (5)     Subject to this section, that part of a certificate of title that contains, or purports to contain, a record of information recorded on a folio of the Register, is evidence and, in the absence of evidence to the contrary, is proof that, at the date of the certificate that folio of the Register contained a recording of that information.

    (6)     If in relation to any matter there is an inconsistency between a statement on a certificate of title and a statement recorded in the Register, the statement in the Register prevails.

S. 27D(7) substituted by No. 69/2009 s. 54(Sch. Pt 1 item 58.2).

    (7)     This section does not effect or limit any mode of proof of facts or documents permitted by law.

S. 27E inserted by No. 18/1989 s. 7, amended by No. 80/2009 s. 15, repealed by No. 70/2014 s. 9.

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S. 27F inserted by No. 18/1989 s. 7.



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