Australian Capital Territory Current Acts

LAND TITLES ACT 1925 - SECT 48BH

    (1)     This section applies if—

        (a)     a legal practitioner or mortgagee corporation has not complied with a request under section 48BG; or

        (b)     the registrar-general is reasonably satisfied in relation to an instrument lodged by a legal practitioner or mortgagee corporation that—

              (i)     the matters certified by the legal practitioner or mortgagee corporation under section 48BA (2) or section 48BB (2) in relation to the instrument are not accurate; or

              (ii)     the legal practitioner or mortgagee corporation has not otherwise complied with section 48BA or section 48BB in relation to the certification for the instrument; or

        (c)     a legal practitioner's or mortgagee corporation's authorisation to use an electronic lodging network under the E-Conveyancing Law or a corresponding law is restricted, suspended or terminated for non-compliance with that law.

    (2)     The registrar-general may, after giving the legal practitioner or mortgagee corporation at least 14 days written notice (the notice period ), require the legal practitioner or mortgagee corporation to provide stated compliance assurance documents for stated instruments lodged by the legal practitioner or mortgagee corporation from the day the notice period ends until—

        (a)     the end date stated in the notice; or

        (b)     a stated event happens.

Example—event

If a legal practitioner or mortgagee corporation is suspended from using an electronic lodging network for non-compliance—the suspension ends.

Note     The instrument is not in registrable form if a document required under s (2) is not provided (see s 4 (e)).

    (3)     Subsection (2) does not apply to an instrument lodged electronically under the E-Conveyancing Law.

    (4)     In this section:

"compliance assurance document", for an instrument lodged for registration, means a document relevant to certification under section 48BA or section 48BB for the instrument.

Examples

1     a client authorisation

2     a copy of a document used to verify a client's identity or authority

3     for a transfer of land—a copy of the contract of sale for the land

4     for a mortgage—a copy of the loan agreement

"corresponding law"—see the E-Conveyancing Law, section 3.