Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 188

188 .         Powers of Registrar

        (1)         The Registrar may exercise and shall perform the powers and duties set out in subsections (2) to (8).

        (2)         The Registrar may administer an oath and may take and receive the declaration of any person voluntarily making the same (in this Act called a statutory declaration ).

        (3)         The Registrar shall upon the direction of the Commissioner correct errors in the Register or in entries made therein or in instruments or graphics and may supply entries omitted to be made under the provisions of this Act.

        (4)         In the correction of any such error in a paper medium he shall not erase or render illegible the original words or lines and shall affix the date on which such correction was made or entry supplied and initial the same.

        (5)         In the correction of any such error in a digital medium the Registrar shall keep a permanent record of any words or lines to be deleted and the date on which the correction was made or the entry supplied.

        (6)         Every error or entry so corrected or supplied shall have the like validity and effect as if such error had not been made or such entry omitted except as regards any entry made in the Register prior to the actual time of correcting the error or supplying the omitted entry.

        (7)         The Registrar shall upon the direction of the Commissioner lodge a caveat on behalf of Her Majesty or on behalf of any person who shall be under the disability of infancy lunacy unsoundness of mind or absence from Western Australia to prohibit the transfer or dealing with any land belonging or supposed to belong to any such person and also to prohibit the dealing with any land in any case in which it shall appear that an error has been made by misdescription of such land or otherwise in any certificate of title or in any plan, diagram or instrument or for the prevention of any fraud or improper dealing.

        (8)         Despite any other provision of this Act, the Registrar may destroy any document that is lodged, presented, filed or deposited with the Authority or registered in its office if —

            (a)         the Commissioner and the Registrar are of the opinion that the retention of the document serves no useful purpose; and

            (b)         the Minister approves the destruction of —

                  (i)         the document; or

                  (ii)         a class of documents in which that document is included.

        [(9)         deleted]

        [Section 188 amended: No. 9 of 1959 s. 2; No. 81 of 1996 s. 112 and 145(1); No. 6 of 2003 s. 72; No. 28 of 2003 s. 129(5); No. 60 of 2006 s. 114; No. 19 of 2010 s. 51; No. 2 of 2014 s. 80; No. 21 of 2022 s. 38.]



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