(1) The Registrar-General may withdraw an instrument or permit an instrument to be withdrawn if satisfied that:
(a) the order in which the instrument has been lodged in relation to other instruments will not give effect to the intention expressed in it or a related instrument; or
(b) the instrument should not have been lodged or cannot be given legal effect.
Example for subsection (1)(b)
An example of an instrument that cannot be given legal effect is a power of attorney that names the same person as principal and attorney.
(2) An instrument that is withdrawn under subsection (1) remains in the Land Titles Office unless the instrument is an instrument that should not have been lodged.
(3) The Registrar-General may re-lodge an instrument that has been withdrawn by the Registrar-General.
(4) On receiving a written application, the
Registrar-General may
re-lodge an instrument that the Registrar-General has
permitted to be withdrawn.
(5) An instrument withdrawn under subsection (1) loses its priority and is taken to have been lodged on the date and at the time endorsed on it by the Registrar-General at the time it is re-lodged.