Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRANSFER OF LAND ACT 1893 - SECT 74B

74B .         New duplicate certificates of title

        (1)         Where a duplicate certificate of title has been issued and —

            (a)         the duplicate has been destroyed by, or in circumstances known to, the Registrar; and

            (b)         the proprietor of the land that is the subject of the certificate of title requests, in an approved form, that a new duplicate certificate of title be issued without cancellation of the certificate of title,

                then the Registrar may cause a new duplicate certificate of title to be issued to the proprietor or to a person named and authorised by the proprietor as the person to whom the duplicate may be issued.

        (2)         If, in the case of a digital title —

            (a)         a duplicate certificate of title has been issued and is later cancelled; and

            (b)         the cancelled duplicate certificate of title has been produced to the Registrar,

                the Registrar may cause a new edition of the duplicate certificate of title to be issued to the proprietor of the land that is the subject of the digital title or to a person named and authorised by the proprietor as the person to whom the duplicate may be issued.

        (3)         Subsection (4) applies if —

            (a)         a document is lodged electronically under the Electronic Conveyancing Act 2014 ; and

            (b)         in connection with the lodging of that document, a 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;

                and

            (c)         that document is later withdrawn from registration or is rejected.

        (4)         If this subsection applies, the Registrar may cause a new duplicate certificate of title or, in the case of a digital title, a new edition of the duplicate certificate of title to be issued to —

            (a)         the proprietor of the land that is the subject of the certificate of title; or

            (b)         a person named and authorised by the proprietor as the person to whom the duplicate may be issued.

        [Section 74B inserted: No. 81 of 1996 s. 47; amended: No. 6 of 2003 s. 26; No. 2 of 2014 s. 71.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback