Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 74

74 .         Duplicate may be dispensed with in certain cases

        (1)         The Registrar with the consent of the Commissioner may dispense with the production of any duplicate certificate of title or duplicate instrument (if any) for the purpose of entering thereon the memorandum by this Act required.

        (2)         If the Registrar dispenses with the production of a duplicate certificate of title in the case of a paper title, upon the registration of the dealing the Registrar shall notify in the memorandum in the Register that no entry of such memorandum has been made on the duplicate (if any) and such dealing shall thereupon be as valid and effectual as if such memorandum had been entered.

        (3)         If the Registrar dispenses with the production of a duplicate certificate of title (if any) in the case of a digital title, the Registrar shall notify in the memorandum in the Register that the duplicate certificate of title was not produced and such dealing shall be as valid and effectual as if such memorandum had been entered.

        (4)         The Registrar may with the like consent dispense with the production of the duplicate certificate of title (if any) required to be delivered up prior to the registration of any person as proprietor on the transmission of an estate of freehold.

        (5)         Despite subsections (1) to (4), before registering such dealing or transmission the Registrar shall require proof by statutory declaration that the duplicate is not deposited or held as a security or lien and shall give at least 14 days’ notice of his intention to register such dealing in at least one newspaper published in the city of Perth or circulating in the neighbourhood of the land.

        (6)         Nothing in this section applies if the production, presentation, delivery up or lodging of a duplicate certificate of title is dispensed with under regulations made under section 181 or requirements determined under section 182A.

        [Section 74 amended: No. 81 of 1996 s. 46 and 145(1); No. 6 of 2003 s. 24; No. 19 of 2010 s. 51; No. 2 of 2014 s. 70.]



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