Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 182A

182A .         Commissioner and Registrar may determine requirements

        (1)         The Commissioner or the Registrar may determine requirements relating to all or any of the following matters —

            (a)         the lodgment, presentation, filing or deposit of documents with the Authority, the Commissioner or the Registrar, including (without limitation) —

                  (i)         the types of document that can be lodged electronically under the Electronic Conveyancing Act 2014 section 7(1);

                  (ii)         the form in which documents, or documents of a particular class or type, can be lodged electronically under the Electronic Conveyancing Act 2014 section 7(1);

                  (iii)         the documents that must be lodged or retained when a document is lodged electronically under the Electronic Conveyancing Act 2014 section 7(1);

                  (iv)         how long documents must be retained;

                  (v)         the documents required to support or authenticate a document lodged electronically under the Electronic Conveyancing Act 2014 section 7(1);

            (b)         how duplicate certificates of title are to be dealt with when a document is lodged electronically under the Electronic Conveyancing Act 2014 section 7(1), including (without limitation) —

                  (i)         dispensing with, or authorising the Registrar to dispense with, any requirement of this Act to produce or present or deliver up to the Registrar, or to bring in or lodge, a duplicate certificate of title;

                  (ii)         how a duplicate certificate of title is to be dealt with if its production, presentation, delivery up, lodging or bringing in is dispensed with;

                  (iii)         requiring a person who lodges a document to have obtained possession of any duplicate certificate of title that would otherwise be required to be produced, presented or delivered up to the Registrar, or to be brought in or lodged, and requiring that person to destroy or invalidate that duplicate certificate of title;

                  (iv)         requiring a person who would otherwise be required, at the request of any person, to produce, present or deliver up, to the Registrar, a duplicate certificate of title to deliver the duplicate certificate of title to someone else in accordance with the requirements, and requiring that other person to deal with the duplicate certificate of title in accordance with the requirements;

            (c)         certifications that must be included in or with documents lodged, presented or deposited with the Authority, the Commissioner or the Registrar (whether electronically or in paper form), including (without limitation) —

                  (i)         the matters that are required to be certified;

                  (ii)         the persons or classes of persons who may give certifications;

                  (iii)         the form of certifications;

                  (iv)         the evidence showing the truth of a certification that must be retained and how long the evidence must be retained;

            (d)         things that are required or authorised under this Act to be endorsed on or included in documents lodged, presented, filed or deposited with the Authority, the Commissioner or the Registrar (whether electronically or in paper form), including (without limitation) requiring or permitting something that otherwise would be required or authorised to be endorsed on or included in a document to be lodged or given separately;

            (e)         consents, permissions or approvals that are required or authorised under this Act or any other written law to accompany or be endorsed on, lodged with or given in relation to a document lodged, presented, filed or deposited with the Authority, the Commissioner or the Registrar (whether electronically or in paper form), including (without limitation) —

                  (i)         requiring or permitting a consent, permission or approval to be endorsed, lodged or given by electronic means;

                  (ii)         requiring or permitting a consent, permission or approval that otherwise would be required or authorised to accompany or be endorsed on or lodged with a document to be lodged or given separately;

            (f)         the verification of the identity and authority of persons who are parties to a conveyancing transaction or who sign or authorise the signing of documents to be lodged, presented, filed or deposited with the Authority, the Commissioner or the Registrar (whether electronically or in paper form), including (without limitation) —

                  (i)         the standards to which identity and authority are to be verified;

                  (ii)         the documents or classes of documents in relation to which verification requirements apply;

                  (iii)         the persons or classes of persons who can undertake verification;

                  (iv)         the evidence showing the steps taken to satisfy the verification requirements that must be retained and how long the evidence must be retained;

            (g)         applications made under this Act to the Commissioner.

        (2)         Requirements determined under this section are not subsidiary legislation for the purposes of the Interpretation Act 1984 , and section 42 of that Act does not apply to them.

        (3)         The Interpretation Act 1984 sections 43 (other than subsection (6)), 44, 48, 50(1), 55 and 56 and Part VIII apply to requirements determined under this section as if they were subsidiary legislation.

        (4)         If there is a conflict or inconsistency between a requirement determined under this section and a regulation made under section 181 or under the Electronic Conveyancing Act 2014 section 46, the regulation prevails to the extent of the conflict or inconsistency.

        (5)         This section does not limit the matters that may be prescribed under section 181.

        [Section 182A inserted: No. 2 of 2014 s. 79.]



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