New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 184D

184D Registration of instruments

(1) The Registrar-General may receive and register any instrument whatever, whether affecting or relating to land or not, unless the instrument is registrable under the Real Property Act 1900 and relates only to land under that Act.

(2) Except as provided by this Act or any other Act, registration of an instrument under this Division has effect for the purposes of record only.

(3) The Registrar-General may--

(a) refuse to accept an instrument for registration in the General Register of Deeds, or

(b) refuse to register an instrument in the General Register of Deeds, or

(c) reject an instrument lodged for registration in the General Register of Deeds,

if the instrument is not accompanied by a certificate that is in an approved form setting out particulars of or relating to the instrument and that is signed as prescribed.

(4) A person who signs such a certificate knowing that it is false or misleading in a material particular is guilty of an offence.

: Maximum penalty--10 penalty units.

(5) Liability for, or recovery of, a penalty under this section does not preclude the recovery of damages in an action based on a false or misleading certificate signed for the purposes of this section.

(6) The Registrar-General is not required to be satisfied as to the accuracy of a certificate provided under this section, except to the extent of ensuring that it appears on its face to comply with the requirements of this section.

(7) Proceedings for an offence under this section are to be taken before the Local Court.

(8) The Registrar-General may refuse to register in the General Register of Deeds an instrument that relates only to a change of name of any person, unless the applicant for registration satisfies the Registrar-General that good cause exists why the instrument should be so registered rather than dealt with under the Births, Deaths and Marriages Registration Act 1995 .

(9) The Registrar-General may refuse to register in the General Register of Deeds an instrument that purports to create a prescribed power of attorney for the purposes of the Powers of Attorney Act 2003 if the Registrar-General is not satisfied that the instrument creates a prescribed power of attorney for the purposes of that Act.