Western Australian Current Acts Western Australian Current Acts (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.]