Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 140

140 Effect of priority notice

(1) The deposit of a priority notice for a lot prevents an instrument affecting the lot or an interest in the lot being registered until the notice lapses or is withdrawn, removed or cancelled.

(2) However, the priority notice does not prevent registration of—

(a) an instrument if the person for whom the notice was deposited consents to its registration; or

(b) an instrument of transfer or release of mortgage executed by a mortgagee whose interest was registered before the notice was deposited; or

(c) an instrument lodged before the notice was deposited; or

(d) a related instrument that is lodged in the order stated in the notice; or

(e) a caveat; or

(f) another instrument that, if registered, would not affect an interest the subject of the notice.

(3) Also, the priority notice (the
"current notice" ) does not prevent the registration of an instrument to which another priority notice for the lot (the
"earlier notice" ) relates if—

(a) the earlier notice was deposited before the current notice; and

(b) the earlier notice has not lapsed or been withdrawn, removed or cancelled.