Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if a mortgagee corporation lodges a mortgage or other instrument purporting to deal with or affect an interest in land with the registrar-general for registration.
Note 1 Section 48BA applies to a mortgagee represented by a legal practitioner.
Note 2 Section 48BC applies to a mortgagee who is not a corporation and not represented by a legal practitioner.
(2) The registrar-general must not register the instrument unless the mortgagee certifies in the appropriate form—
(a) that the mortgagee has verified the mortgagor's identity in accordance with the verification of identity rules as in force at the time of verification; and
(b) that the mortgagee has verified the mortgagor's authority to deal with the land under the instrument in accordance with the verification of authority rules as in force at the time of verification; and
(c) that any document relevant to certification under this section that is required to be kept by the mortgagee under this Act and, if relevant, the E-Conveyancing Law, has been kept; and
(d) that the mortgagee has complied with any other requirement in relation to the instrument under this Act and, if relevant, the E-Conveyancing Law; and
(e) that the mortgagee has complied with any requirement prescribed by regulation.
(3) Certification under subsection (2) may only be provided by an employee of the mortgagee corporation who has personal knowledge of the matter the employee is certifying.
(4) The registrar-general may exempt a mortgagee corporation, or an instrument prescribed by regulation, from a certification requirement under subsection (2).
(5) In this section:
"appropriate form", of certification for an instrument lodged for registration—see section 48BA (5).
"participation rules"—see the E-Conveyancing Law, section 23.