Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 12

12 Giving consent for dealings

(1) Subject to subsections (2) to (4) , if the consent of a person is required or permitted for a dealing with a lot, the consent must be—

(a) written on the instrument for the dealing (the
"relevant instrument" ); or

(b) if the registrar considers it appropriate—deposited with the relevant instrument.

(2) If the relevant instrument is an electronic conveyancing document, the person is taken to have complied with subsection (1) if the consent—

(a) is in the form of an electronic conveyancing document; and

(b) is deposited with the relevant instrument.

(3) Subsection (4) applies if the relevant instrument is lodged or deposited in an electronic form by an electronic communication under—

(a) this Act or another law, other than the Electronic Conveyancing National Law (Queensland) ; and

(b) the Electronic Transactions (Queensland) Act 2001 .

(4) The person is taken to have complied with subsection (1) if—

(a) a method is used to identify the person and to indicate the person’s consent; and

(b) having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the consent was communicated; and

(c) the registrar consents to the requirement being met by using the method.