(1) For the purposes
of enabling the Commissioner or the Registrar to perform any function under
this Act or any other Act, the Commissioner may, by summons, require any of
the persons listed in subsection (2) to appear at a time and place specified
in the summons to do all or any of the following —
(a) to
give an explanation concerning —
(i)
any land; or
(ii)
any document affecting the title to any land; or
(iii)
any conveyancing transaction;
(b) to
produce any grant, certificate of title, will, mortgage or other instrument or
document in the person’s possession or within the person’s control
—
(i)
affecting any land or the title to any land; or
(ii)
relating to any conveyancing transaction.
(2) The persons
referred to in subsection (1) are the following —
(a) the
proprietor, mortgagee or other person interested in any land under, or
proposed to be brought under, the operation of this Act in respect of which
—
(i)
any transfer, lease, mortgage, charge, carbon right,
carbon covenant, tree plantation agreement or other dealing is proposed to be
transacted or registered; or
(ii)
any discharge from any mortgage or charge, or any
surrender of a carbon right, carbon covenant or plantation interest, is
proposed to be transacted or registered; or
(iii)
any transmission is proposed to be registered;
(b) any
person whom the Commissioner reasonably considers will be able to give an
explanation concerning a conveyancing transaction or produce a document
relating to a conveyancing transaction, including (without limitation) —
(i)
a subscriber;
(ii)
any of a subscriber’s employees, agents,
contractors or officers;
(iii)
a lawyer;
(iv)
a settlement agent as defined in the Settlement Agents
Act 1981 section 3(1);
(v)
an ELNO;
(vi)
any of an ELNO’s employees, agents, contractors or
officers.
(3) A summons under
subsection (1) must be —
(a) in
an approved form; and
(b)
signed by the Commissioner; and
(c)
served on the person summoned in accordance with section 240 as if it were a
notice to which that section applies.
(4) For the purposes
of this section —
(a) the
Commissioner may require a person summoned under subsection (1) to take an
oath or to make an affirmation; and
(b) the
Commissioner may administer an oath or affirmation to the person.
(5) If a person is
summoned under subsection (1), the Commissioner may deal with the person as in
the case of contempt of the Supreme Court if the person —
(a)
fails, refuses or neglects —
(i)
to attend the Commissioner for the purpose of being
examined; or
(ii)
to produce any document as required by the summons; or
(iii)
to allow any document to which subparagraph (ii) applies
to be inspected;
or
(b)
refuses or neglects to give any explanation required by the Commissioner.
(6) If the
Commissioner considers that any information or document that is withheld from
the Commissioner in the circumstances set out in subsection (5) is material,
the Registrar is not bound to proceed with the transaction to which that
information or document relates.
[Section 180 inserted: No. 2 of 2014 s. 77;
amended: No. 9 of 2022 s. 424.]