Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 48

48 .         Register

        (1)         The Registrar shall cause to be maintained for the purposes of this Act a Register comprising —

            (a)         all registered certificates of title; and

            (b)         in relation to land that is the subject of a digital title, a record of the endorsements of the particulars of all dealings and matters referred to in section 48A(2) or 81P, as is relevant to the case, that used to affect, but do not currently affect, the land; and

            (c)         in relation to land that is the subject of a paper title, a record of the entries of recovery of possession and of surrender made under section 102 in relation to a sublease of the land.

        (2)         The Register may be maintained in any medium for the storage and retrieval of information or combination of such media —

            (a)         whether or not the kind of medium is the same as that in which the information was originally presented for registration or lodgment; and

            (b)         where, in the opinion of the Registrar, the medium or combination is appropriate having regard to the purposes of this Act.

        (3)         Where a record of information in the Register deteriorates or is incomplete, the Registrar may cause another record to be prepared or the record to be completed, as the case may be, and the new or completed record then has effect as the record for the purposes of the Register.

        (4)         The Registrar may prepare the new or completed record from such evidence as is available as to the content of the original or complete record, as the case may be.

        (5)         If under subsection (3) a new record is prepared or a record is completed, the Registrar shall ensure the following are entered in the Register —

            (a)         the date that the new record was prepared or the record was completed; and

            (b)         such information as will enable the history of the record to be traced.

        (6)         The Registrar may at any time cause a record of information in the Register that is in one medium or a combination of media to be converted to another medium or combination of media with such advice to persons affected by the conversion as the Registrar considers appropriate.

        [Section 48 inserted: No. 81 of 1996 s. 23; amended: No. 6 of 2003 s. 13.]



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