Western Australian Current Acts

TRANSFER OF LAND ACT 1893 - SECT 232A

232A .         Effect of dealing with duplicate certificate of title in accordance with requirements as alternative to production

        (1)         In this section —

        lodge includes deposit, present and file;

        produce includes present, deliver up, bring in and provide.

        (2)         This section applies if —

            (a)         a document is lodged —

                  (i)         for registration; or

                  (ii)         in relation to any land, title, estate or interest; or

                  (iii)         in connection with any application or dealing;

                and

            (b)         a provision of this Act requires a duplicate certificate of title to be produced in connection with the lodging of that document; and

            (c)         that duplicate certificate of title is not produced but is dealt with in another way in accordance with —

                  (i)         regulations made under this Act; or

                  (ii)         requirements determined under section 182A.

        (3)         If this section applies —

            (a)         for the purposes of this Act and any other written law, dealing with the duplicate certificate of title as mentioned in subsection (2)(c) is to be taken to be compliance with the requirement to produce the duplicate certificate of title in connection with the lodged document; and

            (b)         the Registrar or, as the case requires, the Commissioner or the Authority may take any action that they are required or authorised to take under this Act or any other written law as if the duplicate certificate of title had been produced, in accordance with that requirement, in connection with the lodged document.

        [Section 232A inserted: No. 2 of 2014 s. 87.]