(1) The Commissioner
may refuse to take any action that the Commissioner is required or authorised
to take under this Act if —
taking of that action is dependent on compliance with —
a requirement of this Act or any regulations made under
this Act; or
a requirement determined under section 182A; or
a requirement of the Electronic Conveyancing Act 2014 or
any participation rules;
requirement has not been complied with.
(2) For the purposes
of subsection (1), taking an action includes (without limiting subsection (1))
accepting an application under this Act or any regulations made under this
giving a direction to the Registrar.
(3) Before refusing to
take action in the circumstances set out in subsection (1), the Commissioner
may direct the Registrar to give notice of the non-compliance to any person
specified by the Commissioner.
(4) A notice given
under subsection (3) —
be served on the person to whom it is directed; and
specify a period within which the non-compliance must be rectified; and
specify how the non-compliance is to be rectified.
(5) If a notice of
non-compliance given under subsection (3) relates to a document —
notice is to be taken to be a notice given under section 192(1) by the
Registrar in relation to the document; and
section 192 applies accordingly with all necessary changes.
(6) This section does
not limit or affect any other obligation or power to refuse to take any
[Section 192C inserted: No. 2 of 2014 s. 82.]